'OPENAI': when your own name is too descriptive
One of the world's best-known tech companies has failed to protect its own name as an EU trade mark: on 15 July 2026, the EU General Court confirmed that 'OPENAI' is purely descriptive for software and AI services. Here you'll find the case explained in plain language – plus a ticker that automatically tracks how the proceedings continue.
The case at a glance
Filing (June 2023)
On 15 June 2023, OpenAI files 'OPENAI' as an EU word mark – covering software, cloud and AI services, among others (classes 9, 38, 42, 45).
Examiner says no (Dec 2024)
On 5 December 2024, the EUIPO refuses the application for almost everything – only telecommunications (class 38) survives.
Board of Appeal (June 2025)
The EUIPO's Fifth Board of Appeal upholds the refusal (R 190/2025-5 of 10 June 2025).
Action before the Court (Aug 2025)
On 11 August 2025, OpenAI takes the case to the EU General Court – Case T-555/25.
Judgment (15 July 2026)
The Court dismisses the action. The judgment is not yet final.
What is this about?
The relevant (English-speaking) public understands 'open' as 'freely accessible' and 'AI' as the abbreviation for artificial intelligence. Put together, 'OPENAI' simply says what the products are about: freely accessible artificial intelligence. And that is exactly the problem: a trade mark is meant to show who a product comes from – not to describe what it is.
Descriptive signs are excluded from registration under Article 7(1)(c) of the EU Trade Mark Regulation. They must remain free for all traders: nobody should be able to monopolise the expression 'open AI'. The General Court held that the word combination is not unusual in English – the overall impression does not go beyond the sum of its parts.
The fact that 'OPENAI' is registered in more than 30 other countries, including the United Kingdom and Singapore, did not help: EU trade mark law is an autonomous system, and foreign registrations do not bind the EUIPO.
This is not the final word
The judgment is not yet final: OpenAI can appeal to the European Court of Justice. And even after that, the case is not over – the EUIPO will still examine whether 'OPENAI' has acquired distinctiveness through use (Article 7(3) EUTMR). If a majority of the public has come to see the name as a badge of origin, the mark can still be registered.
What does this mean for Switzerland?
Switzerland has the same rule: signs in the public domain are excluded from trade mark protection (Article 2 lit. a of the Trade Mark Protection Act). The Swiss Federal Institute of Intellectual Property (IPI) refuses descriptive signs just as the EUIPO does – anyone trying to register 'Swiss Software' or 'Alpine Cheese' would go through the same experience as OpenAI.
For Swiss SMEs, the case is a lesson in choosing a name: a name that describes the product is convenient for marketing – but weak in trade mark law. Invented names and original word creations are easier to protect and easier to defend.
And even if you already own a strong mark, the case is worth knowing: it shows how long and through how many instances a name can be fought over – and that even global giants can lose.
Case ticker
This ticker follows the case automatically: new decisions and procedural steps appear here as soon as they are published in the EU's official sources.
Monitored automatically · Status: 06.09.2026
- 15.07.2026 The Court confirms the refusal of the OPENAI mark for lack of distinctiveness and descriptiveness. Source
- 15.07.2026 EU General Court judgment: the action is dismissed – 'OPENAI' is descriptive for the contested goods and services (ECLI:EU:T:2026:472). Not yet final. Source
- 11.08.2025 OpenAI brings an action before the EU General Court against the Board of Appeal's decision (Case T-555/25). Source
- 10.06.2025 The EUIPO's Fifth Board of Appeal dismisses OpenAI's appeal (R 190/2025-5). Source
- 05.12.2024 EUIPO examiner's decision: refusal as descriptive for almost all areas – only class 38 (telecommunications) survives. Source
- 15.06.2023 OpenAI files 'OPENAI' as an EU word mark – covering software, cloud and AI services, among others (classes 9, 38, 42, 45). Source
The EU General Court's judgment of 15.07.2026 is not yet final; an appeal to the ECJ is possible. Entries are generated automatically from official EU sources.
The case in brief
OpenAI wanted to protect its own name as an EU word mark for software and AI services. The EUIPO, the Board of Appeal and the General Court all said no: too descriptive.
The lesson: Even the most famous name in AI gets no trade mark protection if it merely describes what is on offer.
EU General Court, judgment of 15.07.2026, T-555/25
Frequently asked questions
Why was 'OPENAI' refused even though the name is world-famous?
Fame alone is not enough. What matters is whether the sign describes the products. To the English-speaking public, 'open' + 'AI' simply means 'freely accessible artificial intelligence' – and descriptive terms must remain available to every trader.
Is the judgment final?
No. OpenAI has roughly two months to bring an appeal, limited to points of law, before the European Court of Justice (ECJ). The case ticker on this page updates as soon as anything new is published.
Could OpenAI still get the trade mark in the end?
Yes, that is possible. Once these proceedings are closed, the EUIPO will still examine acquired distinctiveness through use (Article 7(3) EUTMR): if OpenAI can show that the public now understands 'OPENAI' as a trade mark – a badge of origin – nothing will stand in the way of registration.
Does this mean anyone can use the name OpenAI now?
No. The judgment only concerns registration as an EU word mark for certain goods and services. OpenAI remains protected by other rights – registered figurative marks, company name law and unfair competition law.
What does the case mean for my company name in Switzerland?
If your chosen name describes your offering, the IPI will raise the same objection (Article 2 lit. a TmPA). Check before filing whether the name is distinctive – or choose an invented name instead.
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This article is for information purposes and does not constitute legal advice. The case described is based on published decisions (EU General Court, T-555/25; EUIPO, R 190/2025-5).