ChatGPT creator OpenAI loses bid to block Singapore start-up’s GemGPT trademark

SINGAPORE – ChatGPT maker OpenAI has failed to stop a Singapore start-up from registering the name “GemGPT”, after an intellectual property tribunal found that sharing the letters “GPT” was not enough to establish its case.

Porolis Technologies, which uses artificial intelligence to assess gemstones, can proceed with registering the trademark following the Intellectual Property Office of Singapore’s (IPOS) decision on Oct 28.

The start-up, part of the B.P. de Silva group, was also awarded $10,000 in costs, including disbursements. OpenAI’s five objections to the trademark application were all rejected.

At the heart of the dispute was whether people in Singapore would see “GPT” as a part of OpenAI’s products and services, or simply a type of AI technology.

Porolis had applied to register GemGPT for its AI-powered gemstone authentication and related software services.

Principal assistant registrar Gabriel Ong found that, as at May 22, 2023, when Porolis applied to register GemGPT, OpenAI had not established that the three letters alone identified its business.

The assessment turned on public perception at that date, less than six months after ChatGPT’s launch on Nov 30, 2022.

Porolis, founded in 2022, develops technology to help determine the grade, authenticity and treatment of gemstones, using images and optical data. Its parent group has its core business in gemstones and jewellery.

According to the decision, Porolis said it chose “Gem” to refer to gemstones and “GPT” to describe its use of generative AI models. GPT stands for “Generative Pre-trained Transformer”, a term referring to a type of AI model.

Its service is neither built on nor powered by OpenAI’s models. Porolis said it developed its systems using data that it owns or licenses, including samples labelled by gemmologists.

Its objections included the likelihood of public confusion, harm to its well-known logos and an allegation that Porolis had applied for the name in bad faith.

But Ong found that ChatGPT and GemGPT had to be considered as whole names, rather than giving disproportionate weight to the letters they shared.