OpenAI/EUIPO (OPENAI) (Case T-555/25)

The General Court has upheld the EUIPO’s decision to refuse registration of the word mark OPENAI, finding that the sign is descriptive and lacks distinctiveness for the goods and services claimed.

In particular, the General Court found that the relevant public will perceive the term as a combination of the words “open” and “AI” (artificial intelligence) and would immediately understand that it refers to an artificial intelligence that is open, accessible, or based on principles of openness. As such, the sign describes characteristics or qualities of the goods and services rather than identifying their commercial origin.

The ruling confirms an increasingly strict trend regarding trademarks linked to emerging technologies, given that it finds that a combination of terms widely understood by a specialized public—even if they form a neologism—are not registrable when this directly conveys a descriptive message about the characteristics, purpose, or nature of the claimed goods and services.

The ruling is particularly interesting given the context of rapid incorporation of technological terms into our everyday vocabulary. Most of these terms, which just a few years ago were known only to specialists, such as AI (artificial intelligence), now form part of the common vernacular.

The evolution of case law in this area will be interesting to witness, especially as we keep track of future rulings regarding signs with similar characteristics. As new technologies and concepts are incorporated into everyday language, it is likely that the EUIPO and the courts of the European Union will continue to rule regarding their registrability.

August 12, 2026