[lettergram]

Copilot is a generic term that’s been used for AI for years (before Microsoft).

In trademark law that’s not going to hold up unless combined with other terms - ie GitHub copilot (trademark), copilot (not trademark)

Even combining generics is probably only valid for a trademark under certain circumstances. For instance, “flight copilot” is likely generic because it’s existed for years across products. However, “sandwich copilot” is likely not generic because no one has asserted it yet and thus you can potentially trademark protect it.

Ultimately, the question is simple “does this product confuse customers, such that they believe it’s made by another organization? AND does it intentionally do so, for monetary gain?” If you can’t say yes to both and prove both, you’re probably fine.

I say all of this as the founder of https://ipcopilot.ai and have spoken with attorneys extensively AND our product is directly assisting IP attorneys. That said, I’m not an attorney, and this isn’t advice :)