October 2025 update.
Is ChatGPT a registered trademark? While OpenAI owns a logo registration, they are still struggling to obtain a registration for the words “ChatGPT”. The U.S. Patent and Trademark Office (USPTO) has officially rejected OpenAI’s attempt to register “ChatGPT” as a federal trademark. In the fast-moving world of artificial intelligence and tech innovation, this decision offers a timely reminder of what it takes to build, and legally protect, a truly distinctive brand.
Related: a few months ago, the New York Times sued OpenAI for using their copyrighted materials in ChatGPT’s language models, which we wrote about in this article.
Why the USPTO Rejected the ChatGPT Trademark
Now, their application for registration of the main ChatGPT trademark received a final rejection from the US Patent and Trademark Office (“USPTO”). The USPTO Examining Attorney deemed their trademark “merely descriptive” under Trademark Act Section 2(e)1. This designation means that the trademark merely describes “a feature, function, or characteristic” of the goods or services offered.
As we discussed in this article, in order to qualify as a trademark, a brand name needs to be distinctive enough to serve as a source identifier. In other words, a consumer would be able to look at the branding and figure out which company is offering the goods or services. There is a spectrum of trademark strengths, which guide this analysis. If the trademark is too weak, the application might suffer a final rejection.
What Makes a Trademark Descriptive vs. Distinctive
OpenAI’s application to register ChatGPT received a final refusal from the USPTO. According to the examining attorney, the term “ChatGPT” is merely descriptive under Trademark Act Section 2(e)(1), meaning it simply describes a key feature, function, or characteristic of OpenAI’s AI chatbot rather than identifying the company as the source. In plain terms, “ChatGPT” tells consumers exactly what the product is – a chat interface that uses a Generative Pretrained Transformer (GPT) model. So, because the name directly describes what the software does, the USPTO found that it lacks the distinctiveness required for trademark registration.
Descriptive vs. Distinctive: What Makes a Strong Trademark
To qualify for registration, a trademark must serve as a source identifier, something that lets consumers instantly recognize who provides the product or service. The USPTO analyzes trademarks on a spectrum of distinctiveness:
| Trademark Type | Example | Can It Be Registered? |
|---|---|---|
| Fanciful / Coined | Kodak, Exxon | Strongest |
| Arbitrary | Apple (for computers) | Strong |
| Suggestive | Netflix | Usually registrable |
| Descriptive | ChatGPT (chat-based GPT tool) | Weak, and would require proof of acquired distinctiveness |
| Generic | “AI Chatbot” | Never registrable |
Descriptive marks fall on the weaker end of this scale. They describe the nature or function of a product rather than distinguishing its source. The USPTO generally refuses registration for such marks to (1) prevent consumer confusion and (2) ensure competitors can freely use common industry terms.
OpenAI’s Next Steps: Proving Acquired Distinctiveness
To succeed in registering their trademark, OpenAI would need to show that the name has become so widely recognized by the public that consumers now associate “ChatGPT” exclusively with OpenAI, despite its descriptive nature. OpenAI has officially appealed the final rejection to the Trademark Trial and Appeal Board (TTAB). Their argument will be challenging, even for globally recognized brands.
Implications for AI and Tech Companies
The ChatGPT trademark rejection carries major implications for other AI developers and tech startups. Many AI tools, such as AutoGPT, CodeGen, and VoiceBot, combine descriptive terms with technical acronyms. These naming strategies may help explain functionality but often undermine trademark protectability. To build a defensible brand, AI companies can:
- Choose distinctive or coined names (e.g., Anthropic’s Claude, Cohere’s Coral)
- Avoid technical or descriptive terms in the main mark
- Conduct an early trademark clearance search before investing in brand rollout
Distinctiveness isn’t just a marketing strategy, it’s the foundation of enforceable legal rights. If a company is already working with a less distinctive name, longer term brand strategy can involve building up distinctiveness. For that, The USPTO And TTAB will look at evidence such as long and exclusive use of the mark, extensive advertising and media coverage, and consumer recognition studies.
The ChatGPT trademark rejection may seem surprising given the brand’s global recognition, but it’s a powerful reminder that fame alone doesn’t guarantee federal trademark protection. A name must function as a source identifier, not just describe what the product does. As AI and tech companies rush to build next-generation tools, they must also think strategically about branding and legal protection. In a crowded digital marketplace, distinctiveness isn’t just smart marketing, it’s essential for enforceable rights.
Final Word: Is ChatGPT a Registered Trademark?
In summary, as of now, ChatGPT is not a registered trademark in the United States.The USPTO determined that the name is merely descriptive, and OpenAI’s trademark application remains refused pending appeal.
The USPTO’s rejection of the ChatGPT trademark serves as a high-profile reminder that descriptiveness can derail even the most well-known brand names. OpenAI still has legal options, including arguing acquired distinctiveness, but the case highlights a critical lesson for any business seeking federal trademark protection: a brand name must do more than describe what your product does, it must identify who is offering it. As AI and tech companies race to build the next generation of tools, they should also take time to build brands that stand out legally, not just commercially.
Have questions about your software trademark applications? Author Sarah Stemer, trademark attorney and founder of Stemer Law, has filed and prosecuted over 1,000 U.S. trademark applications. Her firm helps businesses, from startups to international corporations, secure, enforce, and monetize their intellectual property.
Contact Stemer Law | hello@stemerlaw.com | (303) 928-1094 | Based in Colorado | Serving clients nationwide and internationally
No. As of October 2025, ChatGPT is not a registered trademark in the United States. The U.S. Patent and Trademark Office (USPTO) refused registration on the ground that the name is merely descriptive of the software’s function as a chat interface powered by a Generative Pre-trained Transformer (GPT) model.
The USPTO determined that “ChatGPT” directly describes the nature of the product: a chat tool built on GPT technology. Under Section 2(e)(1) of the Trademark Act, descriptive terms cannot be registered unless the applicant proves that the mark has acquired distinctiveness.
Possibly. OpenAI has one final opportunity to request reconsideration and argue that ChatGPT has acquired distinctiveness under Section 2(f) of the Trademark Act. To succeed, OpenAI must show that consumers primarily associate the term “ChatGPT” with OpenAI as the source.
Before filing, conduct a comprehensive trademark search and evaluate whether your name is descriptive or distinctive. Then file with the USPTO using an experienced trademark attorney to avoid refusals like OpenAI’s.
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