Why ChatGPT, Gemini, Grok are facing trademark registration hurdles in India

Global tech giants OpenAI, X.AI Corp and Google are finding it difficult to secure trademark protection for their flagship artificial intelligence (AI) brands - ChatGPT, Grok and Gemini - in India. Despite their worldwide prominence, the Indian Trade Marks Registry has either flagged their applications or received formal oppositions from domestic entities, citing prior use, confusing similarity and bad faith adoption..Most trademark applications for AI models - including those for ChatGPT, Claude, Grok, Gemini and Deep Seek - have been filed under Class 9, which pertains to downloadable software, artificial intelligence programs, data processing systems and related digital tools. Class 9 is commonly used for registering trademarks related to computer software and technological products.As a result, multiple AI model trademarks fall under the same classification, increasing the likelihood of overlapping or similar marks being examined together for potential conflicts under statutory provisions such as Section 11 of the Trade Marks Act, 1999, which deals with relative grounds for refusal..These disputes bring attention to India’s use-based and territorial trademark regime, where first use in India often outweighs international reputation. The standard trademark registration process includes:Filing of the application under relevant classes.Examination by the Registry, which may raise objections under Section 9 (generic or non-distinctive marks) or Section 11 (likelihood of confusion with prior marks) of the Trade Marks Act.Response and show cause hearing (if needed).Advertisement in the Trade Marks Journal.Opposition window of 4 months.Registration if no opposition is filed or if the opposition is defeated..OpenAI’s trademark for ChatGPT is facing formal opposition from Flaxxi AI Private Limited, a Bengaluru-based startup that claims it adopted the mark in 2022, long before OpenAI filed for registration in India. Flaxxi asserts that it uses “ChatGPT” for its AI-driven educational platform, developed in collaboration with IIT Jammu, and that the brand has gained wide recognition in India through its services, marketing and partnerships.In its opposition filed under Form TM-O, Flaxxi argued:It had prior and continuous use of “ChatGPT” in Classes 41 and 42 for edtech services.OpenAI’s mark was phonetically, visually and structurally identical, leading to likely confusion.OpenAI’s adoption was in bad faith and would harm Flaxxi’s goodwill.“ChatGPT” had acquired a reputation and distinctiveness in India and should be protected as a well-known mark.Flaxxi also contended that OpenAI’s claim was filed on a “proposed to be used” basis and, therefore, the company could not claim any distinctiveness or prior commercial use in India..While seeking to register the trademark “Grok” for its AI chatbot, Elon Musk’s X was met with a provisional refusal from the Registry on the basis of an existing mark: “Groke”, registered by Groke Technologies Oy of Finland for marine navigation software and equipment in Class 9.In its response dated May 1, X contended:The two marks serve entirely different markets - maritime systems and artificial intelligence chatbots.Their goods, services and target consumers are dissimilar, eliminating the likelihood of confusion.Both marks coexist in multiple jurisdictions, including Korea and Finland, where no conflict has been raised.“Grok” enjoys wide public recognition in India, including endorsements from government entities such as the Ministry of Railways.X also highlighted the phonetic distinction, noting that the “e” in “Groke” alters the pronunciation significantly, further reducing any possibility of confusion..Google’s application to register “Gemini” under Class 9 for its generative AI platform was objected to by the Registry due to the existing “Gemini TV” trademarks owned by Sun TV, which operates regional entertainment and news channels in India.In response, Google argued:The term “Gemini” is used in entirely unrelated industries - television broadcasting vs software, machine learning and AI.Its use of “Gemini” is globally recognised, with high visibility in app stores and millions of downloads in India.There is no overlap in customer base, functionality or trade channels.The mark had acquired distinctiveness through continued use and promotional campaigns, especially following its rebranding from Google Bard.Google also cited Supreme Court precedents holding that class overlap is not sufficient to deny registration where actual confusion is unlikely..While Deep Seek has filed an application to register its AI model name as a trademark in India, records show that at least two other entities have also applied for the ‘Deep Seek’ mark in overlapping classes. This indicates the potential for a multi-party dispute over ownership and prior rights, which could delay registration for all applicants. Under Indian trademark law, if multiple applications for the same or deceptively similar mark exist, the Registry may either refuse registration or initiate rectification or opposition proceedings to determine the legitimate user. In such cases, the burden falls on each applicant to establish prior use, distinctiveness or honest concurrent use..Interestingly, while these tech titans are embroiled in prolonged disputes, Anthropic’s AI model Claude successfully secured trademark registration in India without reported opposition. As per a certificate issued by the Mumbai Trade Marks Registry, the mark “Claude” was registered on July 8, 2024, in Class 9 for downloadable software related to generative text and natural language processing tasks. Similarly, Perplexity AI obtained registration of its trademark “Perplexity” in September 2024, also in Class 9, indicating successful clearance through the examination and publication stages without any recorded opposition.