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Comment by slibhb

5 hours ago

Give me a break. Apple doesn't sell apples.

Exactly. Apple can register Apple because they don't sell apples so it's not misleading. OpenAI can't register OpenAI because they make ai but it's not open. They could call themselves Peaches, OpenWombat or ClosedAI and there wouldn't be any issues because those wouldn't be misleading.

  • > OpenAI can't register OpenAI because they make ai but it's not open

    That's not the reason they can't. They can't register the trademark because it's a descriptive one.

    If I try to trademark "hacker forum", an EU trademark officer will reject it not because my website doesn't have hackers on it, but because it's descriptive and prevents others from starting hacker forums.

    So

    > They could call themselves... ClosedAI

    is also incorrect, because it's descriptive as well.

  • >OpenAI can't register OpenAI because they make ai but it's not open.

    Not the issue. Per the ruling even if their AI was open they still couldn't have the trademark.

Do they have a trademark on the word apple with no other context? I thought it was Apple computer, which is distinct.