On August 27, 2026, Taiwan’s IP Office (“TIPO”)
ruled in the favor of OpenAI OPCO LLC (“OpenAI”) in its opposition against Z.AI’s
“ChatGLM”, finding the contested trademark to be confusingly similar to OpenAI’s
“CHATGPT” (See below).
The contested trademark, “ChatGLM” (Reg.
No. 02401552, see below), was filed by Z.AI on September 20, 2023, and registered
on September 16, 2024. The mark covered products in Class 9, including computer
software, downloadable computer application software, humanoid robots with
communication and learning functions for assistance and reception, downloadable
computer programs for artificially generating human speech and text, programs
and software for natural language processing, generation, understanding, and analysis,
etc. OpenAI filed trademark opposition on December 2, 2024, alleging that the
contested trademark violated Articles 30.1.10, 30.1.11, and 30.1.12 of
Trademark Act.
1.
Article 30.1.10 of Trademark
Act provides that a mark shall not be registered if such a mark is identical or
similar to another’s registered trademark, to be used in identical or similar
goods or services, and hence there exists likelihood of confusion in the relevant
public.
2.
While Z.AI contended that “Chat”
is of low distinctiveness because similar trademarks have been widely adopted
in the relevant markets, TIPO found these arguments unpersuasive. TIPO held the
view that both OpenAI’s and Z.AI’s trademarks share the same structure, i.e., both
are 7-letter words, consisting of the same initial 4 letters (i.e., Chat/CHAT) and
another 3 letters with “G”. Ordinary consumers are likely to find “ChatGLM” to
be visually and phonetically similar to “CHATGPT”.
3.
TIPO further found the designated
products of the contested trademark highly relevant to those covered by OpenAI’s
“CHATGPT”. For example, downloadable computer programs for artificially
generating human speech and text, and the software and programs for natural language
processing are related to OpenAI’s AI chatbot and the relevant product
categories in terms of their nature, function, purpose, and targeted customers.
4.
TIPO acknowledged that “CHATGPT”
stands for “Chat Generative Pre-Trained Transformer”, which could be
descriptive. However, since OpenAI’s continuous and extensive use in 2022, such
trademark has acquired secondary meaning and gathered considerable recognition
from the relevant consumers.
5.
Moreover, TIPO found that the evidence
of trademark usage from Z.AI insufficient to prove its market recognition. The
records were defective for either postdating the filing date or being undated.
On the other hand, the records submitted by OpenAI, including evidence showing
its worldwide adoption, global and local media coverages, and hundreds of local
textbooks and essays introducing the usage of “CHATGPT”, convinced TIPO that local
consumers are more familiar with OpenAI’s trademark.
In view of the above, given the similarity between
the two trademarks, the relatedness between the designated products, the acquired
distinctiveness of “CHATGPT”, and the high market recognition, TIPO concluded
that the registration of “ChatGLM” may cause confusion with OpenAI’s “CHATGPT”.
The contested trademark was cancelled accordingly.
Source: https://cloud.tipo.gov.tw/S282/S282WV1/#/written-result-details/disposition?issueKey=doNQI%2BOkAc8QoPuoKcBpmqoFKMUFuW4VG0go























