[HN Gopher] OpenAI - Application for US trademark "GPT" has failed
       ___________________________________________________________________
        
       OpenAI - Application for US trademark "GPT" has failed
        
       Author : vincent_s
       Score  : 561 points
       Date   : 2024-02-15 07:52 UTC (15 hours ago)
        
 (HTM) web link (tsdr.uspto.gov)
 (TXT) w3m dump (tsdr.uspto.gov)
        
       | jadayesnaamsi wrote:
       | Great. I hope they find a real name to their product, that would
       | not be an acronym.
       | 
       | We can critic Google as much as we want, but at least it's a bit
       | less weird to say "Hey Gemini" compared to "Hey GPT", when you
       | know that GPT is actually something between an abstract concept
       | and a code implementation.
        
         | HPsquared wrote:
         | In principle an acronym (initialism really) can be an original
         | name, e.g. IBM, BMW. This is common. This trademark seems to
         | have been denied because it's not "original" enough. It's too
         | generic a term.
        
           | block_dagger wrote:
           | Company name vs product name
        
             | eru wrote:
             | In this example, the company is called Bayerische Motoren
             | Werke AG. BMW is one of their trademarks.
             | 
             | See also how there's a company named 'Dr. Ing. h.c. F.
             | Porsche AG' with a brand called 'Porsche'. But nowadays
             | that company is just a subsidiary of Volkswagen, and they
             | could restructure to make the Porsche AG disappear, without
             | doing any changes to the brand.
        
               | ben_w wrote:
               | > Volkswagen
               | 
               | Also, this is literally "people's car".
        
               | thaumasiotes wrote:
               | And BMW is literally "Bavarian motor works". It's fun to
               | know, but so what?
        
             | littlestymaar wrote:
             | Aren't M&M's a product name?
        
           | littlestymaar wrote:
           | It's not so much that it's too generic, but that the term has
           | been broadly used by pretty much everyone talking about
           | transformer-based models for the past years at this point.
           | The term has entered public domain before they even tried to
           | register it.
        
           | tgv wrote:
           | Weirdly enough, Microsoft did get a trademark on "Windows".
           | Perhaps OpenAI was counting on a similar decision.
        
             | hulitu wrote:
             | They have money, you know ...
        
             | Kbelicius wrote:
             | AFAIK trademarks are granted for products. Microsoft was
             | granted that trademark for software. If you opened a window
             | shop and tried to trademark windows you'd fail since it is
             | an existing term in that category. Similarly GPT is a term
             | used in the filed of AI and thus would not be allowed to be
             | trademarked in that category. I'm sure a window shop could
             | trademark GPT for their line of windows.
        
               | jbenjoseph wrote:
               | This is called "descriptiveness", a very bad quality for
               | a trademark application to have.
        
             | bonton89 wrote:
             | Microsoft once sued a teenager for trademark infringement
             | for having a website called MikeRoweSoft.com. The kid's
             | name was Mike Rowe and he lost the website in a settlement.
        
               | kube-system wrote:
               | That's because it is expensive for kids to defend
               | lawsuits, not because a court agreed.
        
               | mtlmtlmtlmtl wrote:
               | Still redirects to microsoft.com
        
           | keiferski wrote:
           | The real question is whether _beemer_ is trademarked.
        
         | vrighter wrote:
         | to play devil's advocate for a second...
         | 
         | referring to gpt as "hey gpt" is not really different than
         | "computer" as used in at least one popular tv show.
        
       | neya wrote:
       | Thankfully, finally some faith in the patent system. This was an
       | asshole move to harass others from using the word GPT in their
       | trade. Kind of like how Instagram did it with the word "gram".
        
         | yau8edq12i wrote:
         | Trademarks are completely unrelated to patents.
        
           | eru wrote:
           | Or they should be. I think in the US they are handled by the
           | same bureaucracy called 'United States Patent and Trademark
           | Office'?
        
             | jacquesm wrote:
             | That doesn't make them part of 'the patent system', you
             | could overhaul the patent system without ever touching on
             | trademark law.
        
               | eru wrote:
               | Logically both systems are separate, yes. And some
               | countries might even have separate bureaucracies for
               | them.
               | 
               | But the US has the same bureaucracy for both. And
               | bureaucracies are leaky abstractions.
        
               | jacquesm wrote:
               | Logically, legally and organizationally they are separate
               | systems. There is zero indication for overlap between
               | them to the degree that it would warrant more trust in
               | the patent system because someone's trademark application
               | failed.
        
             | biot wrote:
             | If some company's alcoholic beverage doesn't get approved,
             | you wouldn't say "finally some faith in the firearms
             | system" just because the Bureau of Alcohol, Tobacco,
             | Firearms, and Explosives handles both.
        
             | ChrisMarshallNY wrote:
             | They are. I got a Registered trademark for one of my
             | companies ((r), as opposed to (tm)).
             | 
             | It's a _huge_ pain (and pretty much requires lawyers, but
             | you _can_ do it yourself, if you are a masochist), and, in
             | retrospect, not worth it. I suspect that why most companies
             | use (tm).
        
               | eru wrote:
               | What extra benefits do you get?
        
               | ChrisMarshallNY wrote:
               | Basically, the only real benefit, and that can be
               | significant, is that it greatly strengthens your case, if
               | going after copiers.
        
           | sanxiyn wrote:
           | Well, yes, but in the US USPTO is responsible for both
           | trademarks and patents.
        
           | littlestymaar wrote:
           | They are different but not completely unrelated either. They
           | are both parts of _industrial property_.
        
             | eru wrote:
             | Did you mean intellectual property?
        
               | littlestymaar wrote:
               | Nope, even though _industrial property_ is itself one of
               | the two sides of intellectual property (the other being
               | copyright).
        
               | eru wrote:
               | Thanks, I hadn't come across the term before.
               | 
               | For other people who haven't, see
               | https://en.wikipedia.org/wiki/Industrial_property
        
           | vmfunction wrote:
           | yeah, but in US, both are in the same office: USPTO (United
           | States Patent and Trademark Office)
        
             | yau8edq12i wrote:
             | And another office handles tobacco and explosives. US
             | administration is full of historical cruft. What's your
             | point?
        
       | jug wrote:
       | Good. It's like a company in biomedicine trying to trademark
       | "RNA". I dislike how OpenAI are trying to hijack a term to
       | describe a kind of language model for their products and cringed
       | when they introduced "GPTs" and "Making your own GPT". I see what
       | you're trying to do, OpenAI...
       | 
       | So, after a quick glance here -- OpenAI argued that a consumer
       | may not realize this and what GPT means, trying to use this as a
       | defense for hijacking the term for use in their product
       | portfolio, but the attorney thankfully didn't find the argument
       | very convincing due to vast and established Internet evidence. He
       | also pointed out that it doesn't even matter if a user doesn't
       | know specifically what the acronym "GPT" exactly means, and that
       | it's enough that the general connection to AI and Q&A technology
       | has already been established.
        
         | larodi wrote:
         | Next they try to copyright CHAT perhaps. Indeed very
         | irritating.
        
           | EGreg wrote:
           | How did Microsoft trademark Windows? When computer windows
           | existed?
        
             | stavros wrote:
             | Presumably because "windows" wasn't a term used to describe
             | an OS. They didn't trademark "OS".
        
               | blagie wrote:
               | Windows didn't start out as an OS. It started out as a
               | windowing system for DOS.
               | 
               | That's the landscape all the trademark suits happened in.
               | 
               | Footnote: Windows 95/98/ME was still DOS + Windows
               | bundled in one box. Windows XP was the first consumer
               | operating system derived from Windows NT (which was in
               | fact a proper operating system in its own right). Even
               | Windows NT was trademark-iffy. It was a play on VMS (get
               | it? If not, increment each letter).
        
               | zabzonk wrote:
               | windows 2000 was first
        
               | blagie wrote:
               | No, Windows NT was first in the OS line. Windows 2000 was
               | NT 5.0. There was no home / consumer / client version of
               | Windows 2000. The versions were: Professional, Server,
               | Advanced Server and Datacenter.
               | 
               | Windows XP was the first convergence version, where the
               | home / consumer / client line transitioned to the NT
               | codebase (with Windows Server 2003 still continuing the
               | NT server market line, but now on a common codebase, and
               | with some of the more workstation uses moving down to the
               | XP line).
        
               | zabzonk wrote:
               | i meant that 2k preceded xp. i had a copy of 2k
               | professional on a couple of consumer sony vaios, bought
               | in high-street stores i.e. consumer products.
        
               | blagie wrote:
               | _shrug_ And NT was on plenty of high-end devices too.
               | Most e.g. developers and sysadmins ran NT since it came
               | out, over the 95 /98/ME line. 95/98/ME were still the
               | consumer brands.
               | 
               | At the time, there was a split between "desktop" and
               | "workstation" which no longer really exists. High-end
               | consumers also sometimes bought machines from e.g. SGI,
               | Digital, HP, or Sun. That whole class of machine kind of
               | disappeared, and now there's a smooth gradient from a
               | $100 computer to one with 196GB RAM, an array of
               | professional NVidia GPUs, and 128 CPU cores.
               | 
               | Workstations had memory protection, pre-emptive
               | multitasking, access controls, proper networking stacks,
               | more sophisticated memory address spaces, were multiuser
               | by design, etc.
        
               | zabzonk wrote:
               | no, this is all nonsense. really, did any consumer buy an
               | SGI workstation? or a Sun?
               | 
               | i mean, i used both at the time, but they were bought for
               | me at ludicrous prices by the companies i
               | worked/consulted for.
               | 
               | windows 2k was something you could buy that ran on
               | consumer grade hardware, and was bloody good. it morphed
               | into xp, which is my point about which came first.
        
               | vehemenz wrote:
               | From Microsoft's perspective, you're right, but for all
               | intents and purposes, Windows 2000 Professional was a
               | consumer operating system. It was better than 98 as a
               | consumer OS and more functional than NT for everything
               | else. Libraries and schools deployed it. The majority of
               | gamers, enthusiasts, and tech people used it. From
               | 2000-2002 it was practically the only Windows OS anyone
               | used. Plenty of people continued to use it after XP's
               | release, due to XP's various issues and (let's be honest)
               | infantilizing theme.
        
               | wruza wrote:
               | NT/OU VMS/WNT to save you an increment.
        
               | stevesimmons wrote:
               | Thank you for that. It's the first time I saw the
               | connection: WNT -> VMS.
               | 
               | It's like HAL, the computer in Arthur C. Clarke's "2001:
               | A Space Odyssey", where HAL is before IBM.
        
               | EGreg wrote:
               | Wow is that on purpose??
        
               | miki123211 wrote:
               | Also MS (as in Microsoft) comes before NT, so you can
               | also interpret it as NT coming after the "traditional" MS
               | Windows?
        
               | irb wrote:
               | Apparently not
               | 
               | https://en.wikipedia.org/wiki/Windows_NT#Naming
        
               | edgyquant wrote:
               | What exactly do you think this page says and what is part
               | of that comment is "apparently not" in response to?
        
               | thaumasiotes wrote:
               | Here's what the page says:
               | 
               | > It has been suggested that Dave Cutler intended the
               | initialism "WNT" as a play on VMS, incrementing each
               | letter by one. However, the project was originally
               | intended as a follow-on to OS/2 and was referred to as
               | "NT OS/2" before receiving the Windows brand. One of the
               | original NT developers, Mark Lucovsky, states that the
               | name was taken from the original target processor--the
               | Intel i860, code-named N10 ("N-Ten").
               | 
               | I can't figure out what this is referring to, though.
               | Maybe you can do better.
        
               | blagie wrote:
               | The history, as I recall it:
               | 
               | - VMS developer develops WNT, playfully incrementing each
               | letter of his prior OS from former employer, based on
               | similar concepts.
               | 
               | - Corporate lawyers.
               | 
               | - Obvious explanation vehemently denied.
               | 
               | - Alternative explanations abound.
               | 
               | You can believe what you want. I chose Occam's Razor.
        
             | pavlov wrote:
             | There are plenty of generic names in software that refer to
             | some element of the product.
             | 
             | Apple has a word processor called Pages, while Microsoft
             | has one called Word. There were many applications before
             | these that operated on pages and words.
             | 
             | If the trademark is "Microsoft Windows", it's just as
             | specific as "Apple Pages".
        
               | Tempest1981 wrote:
               | I couldn't tell -- which of these is trademarked?
               | - Microsoft Word       - Microsoft Teams       -
               | Microsoft 365       - Microsoft Office        - Apple
               | Pages
               | 
               | I searched here, but didn't know how to interpret the
               | results: https://tmsearch.uspto.gov/
        
               | jameshart wrote:
               | Microsoft's own list (https://query.prod.cms.rt.microsoft
               | .com/cms/api/am/binary/RW... - PDF warning) - while it
               | explicitly says it is non-exhaustive - doesn't appear to
               | claim 'Word' or any variant of it - only the word icons
               | and logos. From your list it lists Microsoft 365 and
               | Microsoft Teams and Office 365, but not Microsoft Office.
        
               | MadVikingGod wrote:
               | Thanks to jameshart's list, and the search you provided I
               | found:
               | 
               | - Windows: No Microsoft needed https://tsdr.uspto.gov/#ca
               | seNumber=74090419&caseSearchType=U... - Microsoft Teams:
               | Needs Microsoft https://tsdr.uspto.gov/#caseNumber=876876
               | 87&caseSearchType=U... - Nothing for Word - Microsoft
               | 365: https://tsdr.uspto.gov/#caseNumber=87640393&caseSear
               | chType=U... - No Microsoft Office, but Office 365: https:
               | //tsdr.uspto.gov/#caseNumber=85387679&caseSearchType=U...
        
             | cqqxo4zV46cp wrote:
             | Trademarks don't apply to all contexts.
        
             | blagie wrote:
             | There was an action. It barely went Microsoft's way. You
             | can pull on this reference trail:
             | 
             | https://www.zdnet.com/article/we-own-windows-trademark-
             | micro...
             | 
             | I believe the problem is that "Window System" is generic
             | (as in X Window System, often referred to as X-Windows).
             | That made it hard, but not impossible, for Microsoft to
             | defend "Windows." After enough appeals, courts decided
             | "Window" and "Windows" aren't the same thing.
        
               | DonHopkins wrote:
               | Thank you for often referring to it as X-Windows.
               | 
               | -The Window Management
               | 
               | https://donhopkins.medium.com/the-x-windows-
               | disaster-128d398...
        
         | jacobsimon wrote:
         | I thought OpenAI was the first to develop and use the term
         | GPT[1]. So maybe a more apt comparison than RNA would be PCR,
         | which was a technique developed in a private lab and patented,
         | even though it was published in scientific journals etc.
         | 
         | 1. https://cdn.openai.com/research-covers/language-
         | unsupervised...
        
           | blagie wrote:
           | Doesn't matter either way who invented it. This is trademark,
           | not patent.
           | 
           | If they wanted a trademark, that needed to appear on copy
           | from day 0. The paper is titled: "Improving Language
           | Understanding by Generative Pre-Training" and not "Improving
           | Language Understanding by Generative Pre-Training (TM)"
           | 
           | They ALSO would have needed to use a different generic term
           | to refer to the technique. For example, Velcro always says
           | things like "Velcro-brand hook-and-loop," and ALWAYS uses a
           | generic term to refer to hook-and-loop when talking across
           | brands. It ONLY uses "Velcro(tm)" to talk about their product
           | specifically. OpenAI started using GPT generically.
           | 
           | Publications like this one, if anything, undermine OpenAI's
           | case since they're using the term generically.
           | 
           | The decision is correct. Trademark law is used precisely to
           | prevent this sort of thing: OpenAI can have a generic term or
           | a trademark. The law is set up precisely to prevent a company
           | from building their brand value by retroactively trademarking
           | a generic term once relying on a community to get it
           | established.
           | 
           | To be more blunt: I use "GPT" generically because they
           | encouraged me to do so. That should not contribute brand
           | value to OpenAI GPT-3 or OpenAI GPT-4.
        
             | rubyfan wrote:
             | Also, why would a "non-profit" need to trademark it?
        
               | Anduia wrote:
               | Many do so in order to maintain their integrity and
               | reputation. For example, the name Wikipedia and the
               | Wikipedia logo are registered trademarks.
               | 
               | In the case of fundrising and sponsorship, it assures to
               | sponsors the legitimity of that campaign, because there
               | is no conflict with other organisation or company using
               | the same name.
               | 
               | I could go on, but I hope you get the point.
        
               | numbsafari wrote:
               | Non-profits seek trademarks for all sorts of reasons that
               | have nothing to do with profit.
        
               | dumbfounder wrote:
               | And, non-profits doesn't mean they don't do things that
               | they profit from, it just means they aren't trying to
               | achieve profits for their owners. Endowments are non-
               | profits, but they most certainly are making investments
               | to achieve profits for the purpose of pushing that money
               | into charitable vehicles.
        
               | numbsafari wrote:
               | A non-profit may also want to prevent others from
               | profiting from their work by using their trademarks
               | without approval for private gain.
               | 
               | Having a trademark just means you are protecting a name,
               | not that you are seeking to extract value, per se.
        
               | fnordpiglet wrote:
               | Non profit is a business structure not a designation
               | meaning "no business acumen." Many non profits are
               | actually quite profitable and active businesses, but they
               | have no beneficial owners, pay no dividends, etc, and
               | often have some mission that's in some way broadly
               | beneficial. This exempts them from certain taxation and
               | other benefits. But it absolutely doesn't mean everything
               | they do is done altruistically without material
               | consideration and definitely doesn't mean with no legal
               | claims or recourse for protecting their works or
               | identities.
        
               | dizhn wrote:
               | Plus they still get to pay huge salaries.
        
               | jameshart wrote:
               | Maybe because they need expensive skills
        
               | smallmancontrov wrote:
               | I'm sure the highly paid charity execs would say so.
               | Trouble is, the charity space often suffers from a broken
               | market feedback mechanism, where the people paying for
               | the product are not the people consuming the product, and
               | this can lead to a business structure that looks like a
               | pure-play marketing machine hooked up to exec pockets
               | with occasional leakage into a small amount of actual
               | charity work.
               | 
               | "But the situation occurs in regular business too!
               | Monopolies, oligopolies, etc happen when the market
               | feedback mechanism breaks!"
               | 
               | Yeah, and we should go after those too. It's really
               | astonishing the lengths to which people go to defend bad
               | behavior.
        
               | fnordpiglet wrote:
               | Non profit doesn't necessarily mean charity.
               | 
               | For instance, the life line company ("help me I've fallen
               | and can't get up") is (or was) organized as a non profit.
               | They sold devices and services at a decent margin. Their
               | excess revenues went back to employees in wages and
               | perks. Executives and founders especially enjoyed
               | extravagant life styles.
        
               | dizhn wrote:
               | I was going to say both Visa and Mastercard are non
               | profit but apparently this changed in 2006.
               | 
               | I guess it makes sense like a "Got Milk?", or "the other
               | white meat" for banks.
        
               | rvnx wrote:
               | Like the charity Wikimedia, that needs 6-figures salaries
               | to coordinate volunteers filling webpages.
               | 
               | Nobody with skills would be happy to be the one that
               | represents Wikimedia for less than 780'000 USD right ?
        
               | fnordpiglet wrote:
               | Most people with the organizational skills to operate a
               | complex enterprise demands a pretty significant
               | compensation package. Even if you found someone to do it
               | for considerably less once they've proven effective they
               | would become highly sought after in the labor market and
               | would be poached away leading to churn and turnover in
               | roles that really benefit from stability over time. While
               | it is likely there is someone who doesn't mind living a
               | life of austerity when capable securing of a much more
               | comfortable lifestyle for them and their family, it can
               | be really hard to find them and require a lot of churn in
               | mishiring the talent and losing skilled talent due to
               | inflicting non market bearing penury on them and their
               | loved ones out of some weird morality not supported by
               | the surrounding culture and society.
        
               | Jensson wrote:
               | > Most people with the organizational skills to operate a
               | complex enterprise demands a pretty significant
               | compensation package
               | 
               | That is mainly USA, such people are pretty cheap in the
               | rest of the world.
        
               | fnordpiglet wrote:
               | I have a friend who with their CPA got a job at a non
               | profit and they were worried they would pigeon hole into
               | a specific industry and the concept of non profit worried
               | them about their career. My advice to them was non profit
               | does not mean "not profitable to you." Depending on the
               | non profit salaries can be greatly outsized and often
               | perks are outstanding. All that excess cash goes
               | somewhere and some non profits enjoy enormous margins and
               | lucrative markets, but the accounting and related rules
               | are specialized.
        
               | jdgoesmarching wrote:
               | To their execs. It's basically a meme in non-profit world
               | how poorly everyone outside the C-suite gets paid and how
               | the non-profit "mission" is weaponized against workers in
               | salary negotiations.
        
               | Ensorceled wrote:
               | So other people can't pretend to be them or their
               | products and do things like raise funds. Which is also
               | the point of "for profit" trademarks
        
               | ArnoVW wrote:
               | For the same reason Wikipedia needs a trademark, or any
               | successful open source project. To prevent grifters from
               | hitching a ride off your word and muddying the water /
               | confusing users of your service or product
        
               | HWR_14 wrote:
               | To prevent for profit companies from using it. The
               | Olympic Rings and the Red Cross's Red Cross logo are both
               | trademarked.
        
             | jasonjayr wrote:
             | Velcro has an amusing campaign regarding their trademark:
             | 
             | https://www.velcro.com/original-thinking/the-velcro-brand-
             | tr...
        
               | kristofferR wrote:
               | This is seriously the type of language that will get men
               | to want to "abuse" the Velcro trademark more.
               | 
               | https://torrentfreak.com/iptv-anti-piracy-threats-may-
               | increa...
        
               | jrockway wrote:
               | Unlikely. The Velcro trademark has been so far gone for
               | decades that I doubt there is a single person on the
               | planet that knows it's the name of a company and not a
               | generic term for hook and loop fastener.
               | 
               | The next company you'll see in this position is probably
               | Google. I think that verb will outlive Google Search.
        
               | singingboyo wrote:
               | More importantly, knowing and caring are two different
               | things.
               | 
               | I know that Velcro/Kleenex/Google are specific brands,
               | but I don't really care - the common usage is so far gone
               | that there's rarely a reason to use hook & loop
               | fastener/tissue paper/internet search instead.
               | 
               | Hell, for some people, "iPad" is a semi-generic term for
               | a tablet. (Though I don't get that one, personally.)
        
               | noboostforyou wrote:
               | > Hell, for some people, "iPad" is a semi-generic term
               | for a tablet. (Though I don't get that one, personally.)
               | 
               | I remember when the NFL first started using Microsoft
               | Surface tablets during the broadcast, except the
               | commentators would keep referring to them as iPads. By
               | the next week's broadcast, every single commentator had a
               | giant "Microsoft Surface" branded tablet cover in front
               | of them at the desk and overall the logos were plastered
               | everywhere.
        
               | smolder wrote:
               | > I doubt there is a single person on the planet that
               | knows ...
               | 
               | Are we not persons on the planet?
        
               | elzbardico wrote:
               | Speak for yourself, human.
        
               | elzbardico wrote:
               | I always had the vague idea that probably Velcro was a
               | trademark, but TIL that there's a company called Velcro
               | too. I always thought Velcro was another DuPont product.
        
               | bigfishrunning wrote:
               | there is similar fervor around LEGO
               | https://legonotlegos.com/
        
             | technothrasher wrote:
             | > If they wanted a trademark, that needed to appear on copy
             | from day 0. The paper is titled: "Improving Language
             | Understanding by Generative Pre-Training" and not
             | "Improving Language Understanding by Generative Pre-
             | Training (TM)"
             | 
             | While the (TM) is useful to alert people to your trademark
             | claim, you are not required to use it to establish your
             | trademark. Simply using a unique mark to identify your
             | goods or services and being the first to do so is enough.
        
               | gcr wrote:
               | Then why did openAI fail here, in your view?
        
               | bluGill wrote:
               | Because they didn't make any effort to treat this like a
               | trade mark until after the term itself become generic to
               | the public. If you want a trademark you need to be
               | careful how you use it and how others use it to ensure it
               | doesn't become a generic term. Once something is a
               | generic term it is almost impossible to get it back. (it
               | has been done: Xerox used to be the generic term people
               | used for make a copy - but most of the effort was their
               | competitors who for obvious reasons didn't want to use
               | their competitors company name as a generic term)
               | 
               | If you want a trademark you need to defend it. That means
               | you know the generic term and use that when required.
               | That means when anyone uses your trademark in a generic
               | way your lawyers are immediately sending letters. Check
               | with a lawyer - there are a lot more details you have to
               | get right.
        
               | CactusOnFire wrote:
               | Yeah, just because OpenAI has gotten away with using open
               | source ideology for regulatory capture in the AI space,
               | but that doesn't mean they can get away with it in the
               | intellectual property space.
        
               | autokad wrote:
               | is it a generic term? when I think gpt I only think
               | openAI's work
        
           | nicklecompte wrote:
           | RNA, PCR, and GPT all have precisely the same problem: the
           | acronyms are purely technical.
           | 
           | - ribonucleic acid
           | 
           | - polymerase chain reaction
           | 
           | - generative pretrained transformer
           | 
           | You can't trademark the phrase "polymerase chain reaction"
           | because there are many types of polymerase chain reactions,
           | not just the ones used for copying DNA. [ETA: specifically I
           | mean "copying DNA at commercial scale" i.e. the patented
           | biochemical engineering techniques.] Likewise a generative
           | neural network using pre-training with a transformer
           | architecture is simply too generic to trademark "generative
           | pretrained transformer." And if you can't trademark the
           | phrase you can't trademark the acronym.
        
             | snitty wrote:
             | I endorse this analysis.
             | 
             | Sincerely,
             | 
             | Your local IP attorney.
        
             | refurb wrote:
             | What about International Business Machine?
        
               | nicklecompte wrote:
               | IBM doesn't sell products called "international business
               | machines" and hold a trademark on that product name,
               | which would force competing manufacturers to call them
               | "devices for transcontinental enterprise" etc. IBM is a
               | business name, that's a different thing. More
               | importantly, nobody calls computers "international
               | business machines," that name reflects IBM's 19th-century
               | origins, so having a trademark on "International Business
               | Machines" has no impact on competing businesses.
               | 
               | A hypothetical 1930s computing company called Central
               | Processor Units would have probably changed its name in
               | the 1950s, since "CPU" wouldn't be trademarkable and
               | their brand name wouldn't be worth very much. (A
               | trademark on "CPU" would be needlessly detrimental to
               | other computer manufacturers, or at best confusing,
               | especially after the von Neumann architecture became the
               | universal standard.) Of course in this alternate universe
               | maybe CPUs would have been called something else, and
               | maybe if IBM never existed we would be calling computers
               | "business machines."
               | 
               | IANAL but I think it's a mistake to apply "If A then B"
               | rules to this stuff and try to invalidate reasonable
               | guidelines based on specific counterexamples. Judges need
               | to consider how language is actually used in context by
               | the people working in those areas. This is why the USPTO
               | cited so many businesses and practitioners using GPT in a
               | generic context.
        
           | bhickey wrote:
           | The term 'GPT' was first used in the BERT paper to refer to
           | Generic Pre-trained Transformers. [0]
           | 
           | > The fine-tuning approach, such as the Generative Pre-
           | trained Transformer (OpenAI GPT) (Radford et al., 2018),
           | introduces minimal task-specific parameters, and is trained
           | on the downstream tasks by simply fine-tuning all pre-trained
           | parameters.
           | 
           | [0] https://arxiv.org/abs/1810.04805
        
             | niutech wrote:
             | BERT paper is from 11 Oct 2018 and the OpenAI paper it was
             | referring to "Improving Language Understanding by
             | Generative Pre-Training" is from 11 Jun 2018:
             | https://cdn.openai.com/research-covers/language-
             | unsupervised...
        
               | lolinder wrote:
               | Yes, but that paper that you link to doesn't ever call it
               | GPT or Generative Pretrained Transformers. It talks about
               | training Transformers with Generative Pretraining, both
               | of which are pre-existing concepts by this point.
               | 
               | I also looked on the OpenAI website in Sep 2018 and could
               | find no reference to GPT or Generative Pretrained
               | Transformers, so I think OP might be right about BERT
               | using it first.
               | 
               | http://web.archive.org/web/20180923011305/https://blog.op
               | ena...
        
           | lolinder wrote:
           | That paper is using a pre-existing term "Generative
           | Pretraining" [0] and applying it to Transformers (a Google
           | innovation [1]). As far as I can see from a search, they
           | don't even use the term GPT or Generative Pretrained
           | Transformers in that paper, and they don't in the
           | accompanying blog post either [2]. A sibling [3] claims that
           | the BERT paper in Oct 2018 was the first to use the term GPT
           | to describe what OpenAI built, and that sounds reasonable
           | since a cursory look through the Sep 2018 archive of
           | openai.com turns up nothing.
           | 
           | [0] See this 2012 example:
           | http://cs224d.stanford.edu/papers/maas_paper.pdf
           | 
           | [1] https://proceedings.neurips.cc/paper/2017/file/3f5ee24354
           | 7de...
           | 
           | [2] http://web.archive.org/web/20180923011305/https://blog.op
           | ena...
           | 
           | [3] https://news.ycombinator.com/item?id=39381802
        
           | kurthr wrote:
           | Yeah, but my 2 year old Generative Potty-Trained Transformer
           | needs an acronym too!
           | 
           | Seriously, like TLA domain names and other TLA acronyms,
           | there just aren't enough to allow trademark. Imagine, if 5
           | letter LASER had been trademarked? Would that have also
           | covered LASIK (Laser assisted sub-epithelial keratectomy)?
        
         | singularity2001 wrote:
         | Good. Now they are forced to finally give it a proper name.
        
           | war321 wrote:
           | Yeah, ChatGPT is such a clinical name for a consumer facing
           | app. Especially considering how easy AI stuff is to
           | anthropomorphize. Google had the right idea with Bard and
           | Gemini.
        
             | Thorrez wrote:
             | I would think they would be able to trademark ChatGPT.
        
             | greenie_beans wrote:
             | yes, they shouldn't have let an engineer name it.
        
               | timmb wrote:
               | I love how terrible the name is from a branding
               | perspective. It actually makes it feel more legit like a
               | new tech rather than yet another wannabe assistant. And
               | from what I can see, few have heard of Gemini, Bard,
               | Cortana, Copilot, or Jeeves compared to ChatGPT, which
               | has something of the charm of R2D2 or C3PO.
        
               | HarHarVeryFunny wrote:
               | ChatGPT was never intended/expected by OpenAI to be a big
               | deal in of itself. GPT-3 had been a big step up in
               | capability from GPT-2, but of course wasn't getting any
               | attention outside of the ML world since it wasn't
               | something people could actually use. OpenAI built ChatGPT
               | (says Altman) basically just to showcase GPT-3 since
               | nobody else had bothered to do it. I don't think they
               | were expecting the public to be so enthralled with it and
               | actually find so many useful things to do with it.
        
               | exitb wrote:
               | And yet I suspect it's the only one my parents may
               | recognize as an AI product.
        
               | tavavex wrote:
               | Is it so terrible then? "GPT" has a nice ring to it,
               | especially considering that it wasn't meant to become a
               | household name - before ChatGPT blew up, only people who
               | were interested in the AI field knew what GPT was at all.
        
             | tavavex wrote:
             | Honestly, it feels a lot more straightforward to me, which
             | is what I like - it's named after what it is, and isn't
             | slathered in marketing grease, where every word is
             | optimized to be the most average Joe-friendly. I'd take
             | ChatGPT over Funky Happy Little Guy Arthur Intelli (get it,
             | it's just like a real person) every day of the week.
        
         | Voloskaya wrote:
         | OpenAI came up with the term Generative Pre-Training with the
         | paper introducing what is now called GPT-1. Not arguing that
         | they should own a trademark for it but saying they are
         | "hijacking" the term is disingenuous.
        
           | HarHarVeryFunny wrote:
           | It's a pretty dumb acronym though since it's doubly
           | redundant.
           | 
           | The "T" is the only descriptive bit. The transformer is
           | inherently a generative architecture - a sequence
           | predictor/generator, so "generative" adds nothing to the
           | description. All current neural net models are trained before
           | use, so "pretrained" adds nothing either.
           | 
           | It's like calling a car an MPC - a mobile pre-assembled car.
        
           | lolinder wrote:
           | No, they took a pre-existing term "Generative Pretraining"[0]
           | and applied it to Transformers (a Google innovation [1]) to
           | get Generative Pretrained Transformers [2]. Even if you
           | looked at the full name, that paper doesn't use GPT or
           | Generative Pretrained Transformers at all from what I can
           | tell, this commenter [3] claims that the name was first used
           | in the BERT paper.
           | 
           | [0] See this 2012 example:
           | http://cs224d.stanford.edu/papers/maas_paper.pdf
           | 
           | [1] https://proceedings.neurips.cc/paper/2017/file/3f5ee24354
           | 7de...
           | 
           | [2] https://cdn.openai.com/research-covers/language-
           | unsupervised...
           | 
           | [3] https://news.ycombinator.com/item?id=39381802
        
           | udev4096 wrote:
           | Shilling for a multi billion dollar corporation makes you
           | look like a fool and even more so when clearly they are on
           | the wrong side of the argument here
        
           | lupire wrote:
           | Descriptive terms cannot be trademarks, for obvious reasons.
           | Corporations are not permitted to own the English language.
           | 
           | https://www.uspto.gov/trademarks/basics/strong-trademarks
        
         | Dalewyn wrote:
         | >He also pointed out that it doesn't even matter if a user
         | doesn't know specifically what the acronym "GPT" exactly means,
         | and that it's enough that the general connection to AI and Q&A
         | technology has already been established.
         | 
         | Maybe I'm just an ancient wreck of a computer nerd, but my
         | first understanding of GPT was "Grand Partition Table" as a GNU
         | joke/meme/misunderstanding for "GUID Partition Table", and to
         | this day I _can not_ redefine or re-remember it to whatever the
         | hell OpenAI wants it to mean.
        
           | lupire wrote:
           | No one knows what word the T in Mr T stands for, but everyone
           | knows _who_ it stands for.
        
         | ijhuygft776 wrote:
         | Twitter went the extreme way... they hijacked a letter...
         | Alphabet is not much better.
        
           | bobsmith432 wrote:
           | As much as I don't really have an issue with what Musk did to
           | Twitter mainly because I don't use it, X is a shitty name.
           | Could've made a cool new name like Phaser or XLog or
           | something.
        
             | ijhuygft776 wrote:
             | the worst part is that he owns x.com and is not using it.
        
       | manojlds wrote:
       | Noob question - how is someone able to trademark Apple but not
       | GPT?
        
         | HPsquared wrote:
         | This case would be like an apple company selling apples trying
         | to trademark the word "apple".
        
           | eru wrote:
           | See also Apple (the music company) vs Apple Computer.
           | 
           | https://en.wikipedia.org/wiki/Apple_Corps_v_Apple_Computer
        
         | threeseed wrote:
         | Trademarks are localised to specific industries.
         | 
         | So I can apply for a trademark for Apple Cleaners or Apple Tax
         | Accountant just not Apple Computers.
        
           | yard2010 wrote:
           | ....good luck with that!
        
             | bradyd wrote:
             | https://applecleaners.com/
        
           | eru wrote:
           | Yes, you can try that. Though keep in mind that the well-
           | known Apple can afford a lot of expensive lawyers.
        
             | razakel wrote:
             | So could Paul McCartney.
        
               | eru wrote:
               | Yes. But commenter threeseed probably can't.
        
             | pixl97 wrote:
             | In some ways it's closer to Apple (computer) performing a
             | SLAPP. If the legal system were fair in magnitude of costs,
             | then Apple couldn't get away with it.
             | 
             | Instead of looking at the outliers that exist in huge
             | corporations, looking at arguments in small businesses that
             | don't have unlimited budgets generally shows a more even
             | system.
        
         | nicklecompte wrote:
         | > Registration is refused because the applied-for mark merely
         | describes a feature, function, or characteristic of applicant's
         | goods and services.
         | 
         | Apple is a brand name that contains no technical information,
         | whereas GPT is a technical term describing what the software
         | does. OpenAI cannot patent transformers or generative
         | pretraining, so it makes no sense for them to be able to
         | trademark "generative pre-trained transformer."
         | 
         | So a better analogy would be Apple trying to trademark Screen
         | Time so that no other smartphone OS could name its usage-
         | tracking feature "Screen Time" - you can't trademark a
         | description of what the software does.
        
           | amelius wrote:
           | That's the technical explanation.
           | 
           | It doesn't explain why society thinks this is an effective
           | and fair set of rules.
        
             | ben_w wrote:
             | "Are consumers likely to be confused?" is the way lawyers
             | explained the positive case to me. An "Apple" computer
             | isn't likely to be bought by accident to be used as an
             | ingredient in a fruit salad, but a "Sorny" TV might well be
             | bought instead of a "Sony" model.
             | 
             | They also follow this up with "you have to aggressively
             | defend trademarks just in case".
        
               | TremendousJudge wrote:
               | Which is why Apple Corps and Apple Computer had several
               | legal battles over the years, especially once Apple (the
               | computer company) started selling music
        
           | ben_w wrote:
           | "App Store" would be my example, as they had a legal fight
           | over that, initially getting the trademark then not being
           | able to prevent Amazon using "Amazon Appstore".
        
         | input_sh wrote:
         | Because trademarks apply to specific sectors, not everything.
         | You can't make a computer and call your brand Apple. You can
         | make Apple Bottoms jeans, and because the two are operating in
         | completely separate industries, customers don't get confused.
         | 
         | But GPT is already generate enough in its sector, so...
        
       | dontupvoteme wrote:
       | Here's a dumb question - If the sent date is Feb06, why are we
       | hearing of this slightly over a week later?
        
         | bagels wrote:
         | It wasn't put on the website till now, or nobody saw it till
         | now, or nobody posted it here till now?
        
         | unreal37 wrote:
         | What was your expectation? Would it be slower for the
         | government to update its website with email correspondence? Or
         | faster?
         | 
         | A week seems... normal.
        
           | dontupvoteme wrote:
           | I thought it would be a top story is all.
        
             | petercooper wrote:
             | I go through most links submitted to this site and you'd be
             | surprised just how much relevant or otherwise interesting
             | stuff doesn't make the front page. You could quite easily
             | start an alternative HN variant populated solely with items
             | that don't make it.
        
         | klausa wrote:
         | It was posted on HN sooner, just didn't get traction.
         | 
         | https://hn.algolia.com/?dateRange=all&page=0&prefix=false&qu...
        
           | dontupvoteme wrote:
           | Ah, the danger of single sourcing. Thanks
        
       | pwdisswordfishc wrote:
       | UEFI Forum exhaled in relief.
        
       | IceHegel wrote:
       | The typesetting is giving me a headache wish they had used latex.
        
       | olalonde wrote:
       | I don't understand why they thought it was a good idea to use an
       | obscure academic acronym for customer facing products. I guess
       | they didn't expect their "API demo" to blow up the way it did and
       | are now stuck with the name.
        
         | imiric wrote:
         | ChatGPT is not really a customer facing product. It's a crude
         | interface over an LLM, directed more towards developers and
         | tech enthusiasts who will use it to create customer facing
         | products, rather than towards the general public. It only
         | exploded in popularity because of its novelty, but it's far
         | from being generally accessible or useful.
        
           | pooper wrote:
           | ChatGPT is still the only (free of cost? haven't tried
           | anything paid) chat assistant things that allow me to have a
           | conversation in that I push a button and then it keeps
           | listening. I say something it replies and goes back to
           | listening mode without me having to press a button.
        
           | mousetree wrote:
           | My grandmother uses ChatGPT
        
           | hparadiz wrote:
           | I've been generating images with stable diffusion in the
           | hopes of creating a snowboard design using my own personal
           | computer and the results so far are actually incredible. And
           | we're still in early days.
           | 
           | Setting up a text only LLM is just as trivial. And frankly
           | better cause you can train it for yourself and tag out a
           | model and save it.
        
           | hawski wrote:
           | People I don't find technical in my circle used it before me
           | and still use it. In my circle it was more correlated to
           | younger age - early 20s, than to technical ability.
        
             | spiderfarmer wrote:
             | The usage is so widespread already, it's really amazing.
        
           | olalonde wrote:
           | I know that was the initial plan, hence why I referred to it
           | as an "API demo", but they now reportedly have hundreds of
           | million active users.
        
           | edwinjm wrote:
           | Haha. It has always been targeted towards consumers. They
           | even removed the `temperature` setting.
        
             | empath-nirvana wrote:
             | Not _always_. It was just a demo they chucked online. It
             | very quickly _became_ a consumer app after it got traction,
             | though.
        
               | pixl97 wrote:
               | I mean we can find countless other products this occurred
               | with in history so I'm not sure what exactly you're
               | trying to measure by it?
        
               | empath-nirvana wrote:
               | It's just that it wasn't something they expected or
               | designed to get mass adoption.
        
           | cqqxo4zV46cp wrote:
           | Countless non-techies at my work use ChatGPT. Several members
           | of my family use ChatGPT, most of them haven't done as much
           | as write an Excel formula. My partner and her friends all use
           | ChatGPT, none of them techies. South Park literally had an
           | episode (over a year ago?) where the entire plot was about
           | using ChatGPT to cheat at both performing in AND marking
           | assessments, as well as responding to needy romantic
           | partners. You are completely, incomprehensibly incorrect.
        
             | cqqxo4zV46cp wrote:
             | I can also say from in-depth professional experience that
             | OpenAI's "GPT" models, both via ChatGPT and via the API,
             | can be used to assess student performances in a way that
             | correlates very highly with a human judge. So it's not just
             | people fooling themselves into thinking that ChatGPT is
             | useful.
        
             | imiric wrote:
             | I'm not saying that it's not popular or not used by non-
             | technical people. I'm saying that its utility as a general
             | consumer product is limited and unclear. Most people don't
             | have a need for a text generator or chatbot, but they would
             | find LLMs useful if they're integrated into other products
             | they already use.
             | 
             | Think of the difference between the Rabbit R1 device and
             | ChatGPT. One is, or attempting to be, something that makes
             | a concrete difference in people's lives. The other is a
             | glorified tech demo trying to find a use case. I'm not
             | vouching for the Rabbit R1 device, just pointing out the
             | difference between a consumer product and ChatGPT.
             | 
             | Most of the gold rush and buzz about LLMs today is in
             | delivering a consumer product, not about GPT-5 or whatever
             | the smarter chatbot is.
        
               | wruza wrote:
               | The idea of narrowing the use cases is absolutely non-
               | natural and probably comes from the marketing area for
               | projects that are otherwise bad in most regards.
               | 
               |  _Most people don 't have a need for a text generator or
               | chatbot_
               | 
               | I believe you never realized why you'd need it yourself.
        
               | Izkata wrote:
               | Most people I've seen are using it as a replacement for
               | google search. Its genericness is the killer feature.
        
         | michaelt wrote:
         | Isn't "Generative Pre-Trained Transformer" an obscure acronym
         | that _openai came up with_ though?
         | 
         | I know openai didn't invent the transformer, but "Attention Is
         | All You Need" is about translation, they don't mention the word
         | "generative"
        
           | quonn wrote:
           | But that class of models has been known as generative for
           | years even before the attention paper.
        
             | ben_w wrote:
             | I think that's a weak reason to deny a trademark, given
             | WIMP interfaces were well known before MS Windows.
        
           | bhickey wrote:
           | > Isn't "Generative Pre-Trained Transformer" an obscure
           | acronym that openai came up with though?
           | 
           | Nope, they didn't coin the acronym. First appearance of
           | OpenAI GPT was in the BERT paper by Devlin et al. 2018.
        
         | yau8edq12i wrote:
         | Who cares if it's an "obscure academic acronym"? Nobody cares.
         | "Laser" is an "obscure academic acronym", it didn't prevent it
         | from catching on. In ChatGPT's case, you should ask around -
         | people remember the name just fine.
        
           | olalonde wrote:
           | Unlike laser, it's difficult to pronounce and remember.
        
       | dudeinjapan wrote:
       | Phew! My Gay Panda Therapy business is safe... for now.
        
       | 1f60c wrote:
       | As someone who is both a paid customer of ChatGPT Plus and the
       | API (in other words, a loyal customer), I'm glad to see this.
       | 
       | While companies can and should do better than name everything
       | _Company_ GPT, this sends a clear message that OpenAI doesn't own
       | the concept of GPTs, even if it's a meaningless string of letters
       | to most people.
        
       | 3cats-in-a-coat wrote:
       | Good because GPT was a terrible brand. I don't mean as in "oh no
       | they use a term". I mean as in its a very obscure term for most.
       | There are way better names to come up with. And "GPTs" is even
       | worse as a way to express "customizable prompts and knowledge
       | files".
        
       | whatsthatabout wrote:
       | It's really honorable that OpenAI keeps their promise of bringing
       | open-source AI to the people! /s
        
       | cientifico wrote:
       | I find it surprising how quickly we rush to pass judgment on
       | OpenAI's actions without understanding the motivations behind
       | their attempt to trademark. It's possible that they are seeking
       | protection against others who might register the same, or it
       | could be a measure to prevent customers from unknowingly sharing
       | sensitive company data with a GPT indexer unrelated to OpenAI. If
       | anyone has evidence of OpenAI acting in bad faith, please share
       | it.
        
         | matsemann wrote:
         | If they're worried about people confusing their service with
         | others, shouldn't they then just choose a different name than
         | the tech it's built on? I don't see MySQL or others being
         | afraid of them being confused with other databases.
        
           | rerdavies wrote:
           | MyGPT is almost definitely trademarkable. (Although MySQL
           | might sue).
        
         | buildfocus wrote:
         | I don't think the debate here is about motivation - the concern
         | is that in itself, regardless of the reasons, attempting to
         | trademark a generic technical term is bad behaviour.
        
         | stavros wrote:
         | I have evidence of them acting in bad faith: They're trying to
         | trademark a generic term.
        
         | rightbyte wrote:
         | This "they have to do bad thing or someone else might" excuse
         | is not working out anymore for me.
        
         | scaryclam wrote:
         | Given how they characterise GPTs in general as custom versions
         | of chatGPT (https://openai.com/blog/introducing-gpts), I don't
         | think it's a stretch to assume they're not being very
         | benevolent in this trademark attempt. You should also be asking
         | for evidence that they are acting in good faith, if you're
         | interested in determining their actual motivations.
        
       | DeathArrow wrote:
       | Let's trademark all words in dictionary and all 3 letters
       | combinations.
        
         | rerdavies wrote:
         | No need to trademark all 3 letter combinations, because all
         | three letter acronyms have already been purchased by DNS
         | squatters. It would be crazy to choose a name for a company or
         | product for which you can't get the domain name.
        
       | seydor wrote:
       | Good they need to find a better name anyway. Also how about
       | changing their own name to closedAI
        
         | _giorgio_ wrote:
         | Please remember that Sam uses only lowercase letters. So it
         | needs to be one word only, or use "-_", like closed_ai, really-
         | closed-ai, agi-and-i
        
           | matwood wrote:
           | _ would lose the efficiencies gained by avoiding the shift
           | key so only - can be used
        
             | Havoc wrote:
             | I have colleagues that capitalise by toggling caps lock on
             | and then off again so the efficiency gains might be real
             | for them lol
        
               | matwood wrote:
               | I used to work with a good programmer who hunt and pecked
               | using his index fingers. I thought it was funny, but it
               | drove the vim guy in the office nuts.
        
               | sbarre wrote:
               | I refer to myself as a "six and a half finger typist"
               | because I never did learn proper touch typing, but I can
               | still type faster than most people.
               | 
               | I do use the Backspace key a lot though. :-)
        
               | illusive4080 wrote:
               | Mainframe programmer probably
        
               | lobsterthief wrote:
               | The best keyboard productivity I gained was remapping the
               | CAPS key to do nothing in macOS. I've been considering
               | remapping it to the `backtick key since I use that so
               | much in Slack discussions and when writing documentation
        
               | sbarre wrote:
               | I know some people who map the CAPS key to Tab, so they
               | don't have to stretch the pinky finger as far...
        
               | matwood wrote:
               | I have it mapped to ESC.
        
               | amargulies wrote:
               | I have it mapped to CMD. Quite a bit nicer than using my
               | thumb for CMD
        
               | aftbit wrote:
               | Mine is mapped to F14 in Windows, which is rebound to
               | push-to-mute on Discord. Great for gaming. And yes, there
               | are more F keys above F12.
        
               | dragonwriter wrote:
               | > And yes, there are more F keys above F12.
               | 
               | Well, on most keyboards there aren't actual keys, but
               | instead shift-F1 through shift-F12 produce F13-F24.
        
               | dbtc wrote:
               | caps->control
               | 
               | did you know that c-a c-e c-n c-p c-d work everywhere in
               | macOS like they do in emacs?
        
             | _giorgio_ wrote:
             | He uses lower case also on the phone, which autocapitalizes
             | words...
             | 
             | He wants to show the word that he's faster, but in reality
             | he's not interested in being more efficient.
        
           | jeanlucas wrote:
           | AGI and I lol
        
             | throw1234651234 wrote:
             | Go trademark this, run.
        
           | firtoz wrote:
           | I and I don't approve this
        
         | cqqxo4zV46cp wrote:
         | Generic tangents are against the rules.
        
         | gorjusborg wrote:
         | I think CashAI should also be considered.
        
           | seydor wrote:
           | I believe they accept credit cards
        
       | lagt_t wrote:
       | Rare patent office win
        
       | brikym wrote:
       | I guess they have to settle for plan B: Chad Gipitty
        
       | _giorgio_ wrote:
       | The primary issue is that the OpenAI name lacks appeal.
       | 
       | Moreover, it harbors a cringe-worthy idiosyncrasy, given that
       | _there 's nothing 'open' about OpenAI_.
        
         | cqqxo4zV46cp wrote:
         | I guarantee you that over 99% of OpenAI's paying user base do
         | not give a hoot about this "open AI" thing. It literally
         | doesn't matter outside of people whining on Hacker News and
         | Twitter. I'd eat my hat if it was the deciding factor for ONE
         | person choosing whether or not to use an OpenAI product. If
         | this is a big issue for you, you're probably opposed to closed-
         | source models in general.
         | 
         | Open sounds like a fancy computer word, and AI is....literally
         | AI, two letters people are very excited about. I very much
         | doubt that OpenAI has a branding problem.
        
           | _giorgio_ wrote:
           | It sounds like a meme name the moment you know how OpenAI
           | started.
           | 
           | I use and pay for their products and I find them absolutely
           | great. I'm obviously opposed to closed source models and
           | knowledge for AI because I've seen how important was the GPT
           | paper by Google. You're making judgments and assumptions and
           | that is quite annoying.
        
       | kyleyeats wrote:
       | Can they get "grok" and "meta" back too? I really miss new words.
        
       | zogrodea wrote:
       | GPT had previously been used as an acronym for market-research
       | websites like Amazon MTurk (participants Get Paid To fill
       | surverys) before the LLM craze so it does seem like a bad
       | trademark.
        
         | mijoharas wrote:
         | I believe trademarks are usually scoped to a specific usecase,
         | so it's possible that wouldn't be infringing if the trademark
         | were granted.
        
           | zogrodea wrote:
           | I didn't know that. Thanks for the information.
           | 
           | I think Apple's trademark lawsuit against a.pl (Polish
           | grocery site) [0] failed for that reason, so it seems good
           | that the concept looks like it's limited to specific fields.
           | 
           | https://www.pcworld.com/article/461258/apple_vs_a_pl_tech_co.
           | ..
        
       | LoveMortuus wrote:
       | There are so many example of trademark abuse... Like Monster
       | Energy SLAPPing anyone who uses the word Monster [0: search for
       | 'monster energy sues', there's too many to pick a single one]. Or
       | King trying to SLAPP The Banner Saga for using the word Saga [1].
       | Or Bethesda SLAPPing Mojang for "Scrolls" [2].
       | 
       | I'm probably missing a ton more of these, but to be fair, it is
       | quite easy to mistake these with copyrights issues, because it's
       | usually the same companies that abuse that system as well.
       | 
       | I'm not certain if these are SLAPP, but I do like the sound of
       | the acronym. [https://www.law.cornell.edu/wex/slapp_suit]
       | 
       | [1] https://www.forbes.com/sites/erikkain/2014/01/23/candy-
       | crush...
       | 
       | [2]
       | https://www.forbes.com/sites/alexknapp/2012/03/16/bethesda-a...
        
         | blackshaw wrote:
         | Entrepreneur magazine are famous for this too.
        
         | jtbayly wrote:
         | Or Monster Cables...
        
       | armcat wrote:
       | I went a bit meta on this and supplied the trademark report to
       | ChatGPT, prompting it to summarize. It did so as follows:
       | 
       |  _The US Trademark Office rejected the application, deeming "GPT"
       | merely descriptive of the features, functions, or characteristics
       | of OpenAI's goods and services. The decision was based on
       | extensive evidence showing "GPT" is widely used in the industry
       | to refer to a specific type of AI technology, making it not
       | distinctive enough for trademark protection under the Trademark
       | Act Section 2(e)(1). Additionally, OpenAI's application was
       | partially refused for Class 09 due to unacceptable specimens, as
       | they did not demonstrate the mark's use in commerce in a manner
       | that allows for the downloading or purchasing of the software._
       | 
       | Also: I understand the trademark decision but does OpenAI have
       | any patents on GPT? Google has for example patented word2vec,
       | https://patents.google.com/patent/US9037464B1/en
        
         | tolleydbg wrote:
         | I don't keep up with the AI space at all, but have they become
         | victims of trademark confusion, a la Kleenex?
        
           | lolinder wrote:
           | No, the primary reason given for rejection is that the term
           | is merely descriptive--GPT just refers to a transformer that
           | was trained with generative pre-training. The examining
           | attorney gave a bunch of examples of GPT being used to
           | describe a type of AI system.
           | 
           | So it's not that the trademark has been diluted (although the
           | attorney included a warning that even if the trademarks
           | weren't descriptive it's also become generic), the problem is
           | that it would never have been an acceptable trademark because
           | trademark law doesn't allow you to trademark a description of
           | a product that would apply equally well to your competitors'
           | products.
        
       | visarga wrote:
       | Wondering what's the plan when they transition to Mamba or state
       | space models. Still call them GPT, but without the T? GP*
        
       | roydivision wrote:
       | Definition of GTP - Generative pre-trained transformer
       | 
       | https://en.wikipedia.org/wiki/Generative_pre-trained_transfo...
        
       | joemckenna wrote:
       | Leading up to ChatGPT, virtually no model innovation was needed.
       | Just some minor tweaks to activation functions and the order in
       | which operations were completed in the feedfoward layers. So they
       | were essentially trying to trademark the innovation published
       | openly in Attention is All You Need?
        
       | JCM9 wrote:
       | This was an open and shut case and OpenAI was either delusional
       | or just being arrogant in thinking they would get this trademark.
       | The PTO is simply applying the law. You can't trademark something
       | in common use like this.
        
         | shagie wrote:
         | Consider the mess if they _didn 't_ attempt to get it, and a
         | trademark troll (yes, they do exist
         | https://en.wikipedia.org/wiki/Trademark_troll ) was able to get
         | the trademark and sued everyone.
         | 
         | Should OpenAI get a trademark for GPT? No. Should anyone else?
         | No. How do you prevent someone else from trying to get the
         | trademark for GPT? Try to get it yourself if you've got a word
         | used with a product name.
         | 
         | At worst following this, you get denied - like OpenAI was for
         | GPT. But this is better than the worst worst case where you
         | don't try and someone else gets it and sues you for trademark
         | infringement (and wins? forces you to rebrand?).
        
       | DonHopkins wrote:
       | Now do GOFAI "Frame"!
       | 
       | https://en.wikipedia.org/wiki/Frame_(artificial_intelligence...
        
       | AlphaJack wrote:
       | https://en.m.wikipedia.org/wiki/GUID_Partition_Table
        
         | gorjusborg wrote:
         | Now that's a GPT to remember.
        
       | xyst wrote:
       | I guess OpenAI lawyers don't have the same connections at Meta
       | lawyers as USPTO
        
       | tartrate wrote:
       | They've come a long way from being open to claiming exclusive
       | rights to use a scientific term. Wow.
        
       | ChrisArchitect wrote:
       | [dupe]
       | 
       | Bit more discussion last week, probably should have updated the
       | URL:
       | 
       | https://news.ycombinator.com/item?id=39322046
        
       | bobsmith432 wrote:
       | That would literally be the same as Microsoft trying to trademark
       | the "-soft" suffix. Can't wait for OpenAI to make more wacky
       | decisions over time.
        
         | usrusr wrote:
         | I'd say it's somewhere between the -soft hypothetical and
         | landgrabs like T-anything that have been tried in reality.
         | 
         | Of course the real question we all want to see answered is did
         | they dogfood the trademark application documents?
        
       | m3kw9 wrote:
       | Good, it was an az move
        
       | canjobear wrote:
       | This seems reasonable because GPT has already been used to name
       | models that were not developed by OpenAI, like GPT-J and GPT-Neo.
        
         | danielbln wrote:
         | GPT-2 predates GPT-J as well as GPT-Neo.
        
           | canjobear wrote:
           | It doesn't matter. OpenAI took no action to prevent Eleuther
           | from using the name GPT, which shows it wasn't intended as a
           | trademark.
        
       | 0xPMW wrote:
       | I was rejected by the App Store a few months ago because I named
       | my app {AppName}GPT for use of a "registered" trademark. I got
       | through their review process with my first few versions, but on
       | my third update they rejected. Ultimately, I decided on a name
       | change and it's yielded better results for ASO anyways.
        
         | amelius wrote:
         | Unrelated but is "App Store" actually trademarked?
        
       | matchagaucho wrote:
       | Those claims are quite a land grab.
       | 
       | If on appeal they focused solely on their "Explore GPTs" store, I
       | wonder if the USPTO would be more lenient?
        
       | rkagerer wrote:
       | Why the word "failed" instead of "refused" (or "rejected")?
        
         | udev4096 wrote:
         | Looks a lot less embarrassing right?
        
       | 4b11b4 wrote:
       | I mean the first two words are general purpose...
        
       | simple10 wrote:
       | This is good the trademark failed. It might have been more of a
       | defensive move rather than trying to lock up the term for
       | OpenAI's exclusive use. Although, I'm sure they would have been
       | happy if it succeeded.
       | 
       | Question for a lawyer, but in my experience it's common for
       | companies to file trademarks with the expectation they'll lose.
       | This creates a precedence for others trying to file similar
       | trademarks and clears the way for the company to continue using
       | the non-trademarked term without fear of future lawsuit.
        
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