China Denies OpenAI's GPT-5 Trademark Application in High-Stakes IP Battle
In a significant setback for OpenAI’s branding strategy, Chinese authorities have rejected the company's latest attempt to register the name "GPT-5" as a trademark in the mainland. This decision adds another hurdle for the U.S.-based AI innovator, whose products, including ChatGPT, remain officially unavailable in China. The ruling was published by the China National Intellectual Property Administration (CNIPA) and is currently under appeal.
A Pattern of Trademark Rejections
This latest refusal follows a string of similar decisions. Between March and November 2023, OpenAI filed multiple applications to secure trademark protection for "ChatGPT" and several GPT model iterations, including GPT-4, GPT-5, GPT-6, and GPT-7. All of these attempts were denied, with each now under separate appeals. The CNIPA cited the descriptive nature of the acronym "GPT"—short for "Generative Pre-trained Transformer"—as the primary reason for rejection, arguing it lacked the distinctiveness required for trademark registration.
Global Trademark Challenges for AI Innovators
China is not the only jurisdiction pushing back. In February 2024, the United States Patent and Trademark Office also denied OpenAI's applications for "ChatGPT" and "GPT" trademarks, echoing similar reasoning. Intellectual property expert Luo Cheng from Beijing explained that descriptive terms in the AI field, especially those referencing technical functionalities, face significant legal barriers to registration. This creates a unique branding challenge for AI companies whose product names are rooted in technical jargon.
What GPT Means and Why It Matters
In the artificial intelligence world, GPT refers to a large-scale language model architecture trained on massive datasets using deep learning techniques. These models power advanced AI applications such as ChatGPT, which can generate human-like responses, assist with research, and handle complex problem-solving tasks. The widespread use of "GPT" as a descriptive industry term has made it difficult for any single company to claim exclusive rights to it, despite the term’s strong market recognition.
OpenAI’s Vision for GPT-5
Despite the legal setbacks, OpenAI continues to promote GPT-5 as its most advanced and capable AI system yet. During its recent live launch event, CEO Sam Altman described GPT-5 as "smarter, faster, and more versatile than any model we’ve built before—comparable to a PhD-level expert across disciplines." The company sees GPT-5 as a cornerstone in its mission to integrate AI deeply into every business sector, offering unprecedented capabilities in reasoning, creativity, and automation.
China's AI Access Barriers
While OpenAI’s AI services are available in over 160 countries, they remain blocked in mainland China and Hong Kong. Users in the region rely on VPNs or third-party platforms to access ChatGPT, while developers often resort to external servers and proxy setups to bypass restrictions. These access limitations add another layer of complexity to OpenAI’s branding and market penetration efforts in one of the world’s largest technology markets.
Looking Ahead
The rejection of the GPT-5 trademark in China highlights the growing tension between global AI expansion and local regulatory frameworks. For OpenAI, the challenge lies in balancing its aggressive innovation pace with the need to navigate complex intellectual property laws across different jurisdictions. As competition intensifies, securing distinctive and legally defensible brand identities will become an increasingly critical component of success in the AI sector.