'OPENAI' – too descriptive for protection
World fame is no defence against trade mark law: on 15 July 2026, the EU General Court confirmed that 'OPENAI' cannot be registered as an EU word mark for software and AI services.
What was the case about?
In June 2023, OpenAI filed its own name as an EU word mark – covering software, cloud and AI services, among others. In December 2024, the EU trade mark office (EUIPO) refused the application for almost all areas: the English-speaking public understands 'open' as 'freely accessible' and 'AI' as artificial intelligence. 'OPENAI' therefore merely describes the products instead of indicating their origin.
OpenAI fought back through every instance – first before the EUIPO's Board of Appeal (decision R 190/2025-5 of 10 June 2025), then before the EU General Court. Without success: in Case T-555/25, the Court confirmed that the word combination is not unusual in English and that the overall impression does not go beyond the sum of its parts. Registrations in more than 30 other countries did not help either – EU trade mark law is an autonomous system.
No registration – but not the end yet
The action was dismissed: for now, 'OPENAI' remains without EU trade mark protection for software and AI services. However, the judgment is not yet final, and the EUIPO will still examine whether the name has acquired distinctiveness through use – in which case registration would still be possible.
What you can learn from this
A name that describes your own offering is weak in trade mark law – and global fame changes nothing. Switzerland has the same rule: signs in the public domain are excluded from protection (Article 2 lit. a TmPA), and the IPI examines just as strictly as the EUIPO.
If you are planning a new trade mark, you are better off with an invented name or an original word creation: they are more likely to be registered and easier to defend against imitators. And if you want to know how the OPENAI case continues: our case page tracks the proceedings automatically.
Sources
EU General Court, judgment of 15 July 2026, T-555/25 – OpenAI v EUIPO (ECLI:EU:T:2026:472); EUIPO, Board of Appeal decision R 190/2025-5 of 10 June 2025; examiner's decision of 5 December 2024.
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This article is for information purposes and does not constitute legal advice. The case described is based on published decisions.