“CHATGPT” Held Merely Descriptive But Nevertheless Registrable As A Mark

The term GPT stands for “generative pretrained transformer,” which software developers understand to refer to a machine learning algorithm that is pre-trained to produce human-like text in response to human prompts.

Is CHATGPT merely descriptive of downloadable and non-downloadable computer software for simulating conversations with a chatbot?

Mere Descriptiveness

A mark is not registrable on the U.S. Principal Register if it is merely descriptive of the goods or services for which registration is sought in that it immediately conveys information as to a feature, quality, or characteristic of them. However, such a mark may be registrable on the Principal Register after it has acquired distinctiveness through public recognition, and it may be registrable on the Supplemental Register even before it has acquired distinctiveness (see our blog post “The U.S. Supplemental Register”).