[tallytarik]

This sort of rejection is quite common. You can overcome the objection by submitting evidence that your mark has acquired distinctiveness through use. So there will be plenty of trademarks that seem generic/descriptive that have gone through that process.

edit: I originally thought that’s what was being rejected here. It’s not. The court only ruled that “OpenAI” is descriptive. Separately, OpenAI have also submitted evidence of acquired distinctiveness, which will be decided in due course by the trademark office.

[traceroute66]

> I originally thought that’s what was being rejected here. It’s not. The court only ruled that “OpenAI” is descriptive. Separately, OpenAI have also submitted evidence of acquired distinctiveness, which will be decided in due course by the trademark office.

My gut feeling is on them loosing that one.

Stop most people on the street and ask them about "OpenAI". I suspect your average Joe would say "Who ?".

Continue the discussion with "have you heard of ChatGPT" and I suspect the answer would mostly be "Yes, I have".

OpenAI are applying for "OpenAI" in this trademark application. The fact they have a widely known product called "ChatGPT" which they actively market under the name "ChatGPT" does not and should not come into the thought process of any appeals judge.