The trademark application OPENAI was filed by OpenAI, Inc., a U.S. corporation (the "Applicant"). Appeal pending.
The application was filed in English (French was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on October 4, 2024. Change of name and address of the trademark registration was recorded on November 25, 2024.
The Refusal with reference B 018888426 was partially rejected according to Article 7(1)(c) EUTMR with decision issued on December 4, 2024 by the EUIPO. The Appeal with reference B R0190/2025-5 was Trade mark application partially refused according to Article 7(1)(c) EUTMR with decision issued on June 9, 2025 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Scientific, research, navigation, surveying, photographic, cinematographic, audiovisual, optical, weighing, measuring, signalling, detecting, testing, inspecting, life-saving and teaching apparatus and instruments
Apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling the distribution or use of electricity
Apparatus and instruments for recording, transmitting, reproducing or processing sound, images or data
Recorded and downloadable media, computer software, blank digital or analogue recording and storage media
Mechanisms for coin-operated apparatus
Cash registers, calculating devices
Computers and computer peripheral devices
Diving suits, divers' masks, ear plugs for divers, nose clips for divers and swimmers, gloves for divers, breathing apparatus for underwater swimming
Fire-extinguishing apparatus
Computer software
Computer software programs
Computer software platforms
Computer software development tools
Downloadable computer software
Application software
Interactive computer software
Computer programs [downloadable software]
Computer search engine software
Apps
Recorded computer software
Software applications
Mobile software applications
Applications for smartphones and tablets
Electronic publications
Downloadable publications
Computer application software for streaming audio-visual media content via the internet
Software for processing images, graphics, audio, video and text
Computer databases
Electronic databases
Interactive database software
Database and file management software
Computer software for creating searchable databases of information and data
System software
Computer systems
Data processing systems
System and system support software, and firmware
Computer operating system software
Document management system software
Workflow management system software
Computer software downloadable from global computer networks
Computer software applications, downloadable
Computer software for database management
Computer software for business purposes
Computer software for wireless network communications
Computer software for application and database integration
Computer software for scanning images and documents
Downloadable computer software for the transmission of data and information
Downloadable computer software for the management of data
Computer software for use as an application programming interface (API)
Downloadable computer software for use as an application programming interface (API)
Downloadable digital files authenticated by non-fungible tokens [NFTs]
Earphones
Headphones
Sunglasses
Eyewear
Laptop cases
Mobile phone cases
Mobile phone holders
DVDs
CDs
MP3 players
Smart watches
Smart bands
Smart jewellery
Spectacle cases and sunglasses
Graphic art software
Software for generating virtual images
Downloadable software for use in electronically buying, selling, receiving, sending, storing, trading, and processing transactions to and related to digital art and collectibles, crypto-collectibles, nfts, application tokens, and digital currencies
Downloadable software for providing access to an online virtual environment
Parts and fittings for all the aforesaid goods.
The mark was filed in class 38 with following description of goods:
Telecommunications services
Computer communication and Internet access
Internet communication
Communications services
Communication between computers
Online messaging services
Providing access to online computer databases
Transfer of information and data via online services and the Internet
Providing user access to a global computer network and online sites containing information on a wide range of topics
Data transmission
Data streaming
Data streaming services
Data transfer services
Electronic transmission of messages and data
Providing access to databases
Providing internet chatrooms
Providing online forums
Providing online bulletin boards for transmission of messages among computer users
Providing user access to computer programs in data networks
Provision of access to a global computer network
Communication services, namely, electronic transmission of data and documents among computer users
Streaming of data
Transmission of digital files
Transmission of electronic mail
Providing online bulletin boards over the Internet
Electronic mail and messaging services
Transmission of news
Information, advisory and consultancy services relating to all the aforesaid.
The mark was filed in class 42 with following description of goods:
Scientific and technological services and research and design relating thereto
Industrial analysis, industrial research and industrial design services
Quality control and authentication services
Design and development of computer hardware and software
Technological research and development
Safety testing services relating to computer software
Certification of safety standards relating to computer software
Computer software research
Computer software integration
Software development services
Hosting services, software as a service, and rental of software
Development of interactive multimedia software
Providing online, non-downloadable software
Software as a service [SaaS]
Platform as a service [PaaS]
Platform as a service [PaaS] featuring software platforms for transmission of images, audio-visual content, video content and messages
Application service provider featuring Application Programming Interface (API) software
Design, development, updating and maintenance of computer software
Computer systems development
Computer system integration services
Development of computer systems
Development of computer platforms
Design and development of data storage systems
Design and development of data entry systems
Design and development of data processing systems
Design and development of electronic data security systems
Development of systems for the transmission of data
Cloud computing services
Cloud storage services for electronic files and data
Maintaining databases
Database design
Database design and development
Data security services
Minting of NFTs
Web-based software as a service related to blockchain-based non-fungible tokens (nfts) featuring software for creating, providing information about, authentication, grading, valuation, selling, auctioning and trading nfts
Platform as a service (paas) and software as a service (saas) featuring software platforms for use in electronically buying, selling, receiving, sending, storing, trading, and processing transactions to and related to digital art and collectibles, crypto-collectibles, nfts, application tokens, and digital currencies
Technology services including artificial intelligence and learning technologies for digital art and collectibles, crypto-collectibles, nfts, application tokens, and digital currencies
Design and development of virtual reality hardware and software
Application service provider (ASP) services featuring software for use in virtual currency, digital currency, cryptocurrency, and digital asset exchange and transactions
Information, advisory and consultancy services relating to the aforesaid.
The mark was filed in class 45 with following description of goods:
Online social networking services
Content moderation for internet chatrooms
User identify verification services
Business identification verification services
Providing authentication of personal identification information [identification verification services]
Information, advisory and consultancy services relating to the aforesaid.