IPWatchdog – The Trademark Race in Generative AI: Positioning for Future Success

“Recent data from global trademark offices unveils significant shifts in the landscape of GenAI-related trademark applications, offering a glimpse into how businesses are navigating the rapidly evolving AI sector.”

Generative AI is one of the most transformative technologies of our time, reshaping the way businesses create, innovate, and compete. As organizations integrate AI into their operations, they must navigate an increasingly dynamic business environment, driven by technological advancements and evolving market demands. In this fast-paced landscape, staying ahead of the curve is essential for businesses to remain competitive and protect their intellectual property.

Trademark law, which is deeply impacted by these technological shifts, is evolving in tandem with the rise of Generative AI. As we enter 2025, understanding the latest trends in trademark protection is more important than ever. For startups and established corporations alike, safeguarding unique assets in a competitive market is crucial for maintaining a strong and recognizable brand presence.

Aligning trademark strategies with current trends—particularly those shaped by technological innovation like AI—can help businesses not only protect their intellectual property but also enhance brand recognition and build consumer trust. In a marketplace driven by constant innovation and changing consumer preferences, staying informed and agile is key to ensuring your brand remains secure and relevant.

By examining patterns in trademark filings, businesses can gain valuable insights into who is leading in AI innovation, as well as how regions and industries are positioning themselves in this new technological frontier. These trends offer a roadmap for businesses seeking to adapt and succeed in the evolving landscape of Generative AI.

Note: The data and insights presented in this article reflect trademark filings up until August 13, 2024 and were compiled using the paid database, Markify, for trademark filings. To identify GenAI trademark filings, we selected relevant keywords related to Goods & Services, such as “GenAI,” “Generative AI,” and “Generative Artificial Intelligence,” and conducted searches using these terms.

A Major Increase in Trademark Filings

Recent data from global trademark offices unveils significant shifts in the landscape of GenAI-related trademark applications, offering a glimpse into how businesses are navigating the rapidly evolving AI sector. The volume and nature of these filings highlight not just the expansion of AI technology, but also the increasing strategic importance of safeguarding intellectual property in a competitive and uncertain market.

A standout trend is the dramatic rise in GenAI-related trademark filings. Since 2021, these filings have surged by 1000% by 2023, signaling that companies are not only responding to the growing influence of AI but are also positioning themselves to secure market dominance. This swift increase reflects a proactive approach to branding, as businesses race to carve out their identity in a space that is rapidly becoming essential to future growth and innovation.

Leading Jurisdictions: The United States and China at the Forefront

The United States and China remain the dominant forces in the global GenAI trademark landscape, jointly accounting for 64.62% of all filings. This substantial share underscores their strategic emphasis on securing technological leadership in the rapidly advancing AI sector. Similar to patent filing trends, these countries continue to lead the charge in protecting intellectual property to maintain competitive dominance.

However, the increasing number of filings from jurisdictions like India, South Korea, Indonesia, and Australia signals a noteworthy shift. These emerging regions are becoming increasingly aware of the critical role that brand protection and intellectual property play in fostering innovation and securing a competitive edge. This trend mirrors the growing global recognition of the need to safeguard AI advancements, as businesses and governments worldwide seek to enhance their economic standing and market influence in the evolving digital economy.

Decoding Trademark Classes: Where GenAI is Making Its Mark

The influence of Generative AI now reaches far beyond the tech sector. Initially adopted by technology companies, AI is rapidly transforming industries such as healthcare, entertainment, finance, and education. Trademark filings underscore this shift, revealing how diverse sectors are leveraging AI to drive innovation and differentiation.

Scientific and technological services lead in filings, reflecting the technology’s extensive use in research and development. Close behind are industries such as advertising, education, and consumer engagement, where generative AI is revolutionizing audience interactions, personalizing learning experiences, and redefining marketing strategies. These trends illustrate how generative AI is reshaping industries, fostering technological advancements, and enabling new business models.

Top Sectors

• Class 42 (Scientific and technological services) and Class 09 (Computers, software, and scientific instruments) account for over half the filings (55.38%) – a clear signal that we’re witnessing a profound technological transformation.
• But it’s not just about pure tech; Classes 35 (Advertising, business management, and business administration) and Class 41 (Education and entertainment) follow closely reflect the importance of branding and consumer engagement in today’s business landscape.

Breakdown of Trademark Classes for GenAI:

Who’s Leading the GenAI Trademarks Race

Tech giants have emerged as early leaders in the Generative AI trademark race. Companies like Amazon, Microsoft, and OpenAI have taken decisive steps to secure their IP portfolios across major jurisdictions, cementing their dominance in the GenAI-driven future. However, global competition is heating up, with Chinese players like Luosiyang Technology Co., Ltd. and Dongguan Genai Technology Co., Ltd. also making their mark as key players in this space.

OpenAI’s Strategic Global Trademark Approach

OpenAI’s trademark approach is strategic and forward-thinking. They’re not just filing trademarks; they’re crafting a global narrative. From mature tech markets like the US and Japan to emerging economies in India and Brazil, their strategy reflects a sophisticated understanding that today’s innovation is tomorrow’s global opportunity.

Key Highlights of OpenAI’s Strategy

• Global Reach: Filings across North America, Europe, and Asia.
• Mature Market Focus: Targeting established tech hubs like the US, UK, and Japan.
• Emerging Markets: Expanding into India, Brazil, and Indonesia for future opportunities.
• Regional Strategies: Utilizing platforms like the EUIPO and OAPI for efficient IP protection across multiple jurisdictions.

Interestingly, OpenAI had faced a setback in its attempt to trademark the term “GPT” (short for generative pre-trained transformer). The US Patent and Trademark Office (USPTO) denied the application, deeming the term too generic for exclusive registration. The USPTO expressed concerns that granting trademark rights for “GPT” could restrict competitors from accurately describing their own products that use similar generative AI technology.

What this Means for Business

The analysis of trademark data reveals several critical insights that businesses should take into account as they navigate the evolving AI landscape:

1. GenAI’s Expanding Importance Across Industries

The expansion of generative AI beyond the tech sector highlights its emergence as an enabler of sector-specific transformation. Unlike earlier waves of innovation, which often required specialized adaptation, GenAI’s versatility makes it uniquely suited to integrate seamlessly across industries. For example, in healthcare, it powers personalized medicine, while in entertainment, it creates immersive user experiences. This cross-industry applicability points to a future where AI is not just a tool but a foundational layer of operational and strategic decision-making. Businesses must consider how to embed AI into their core processes rather than treat it as a standalone capability.

2. The Need for a Global Approach to Protecting AI Innovations

The concentration of filings in leading jurisdictions like the United States and China, alongside growth in emerging regions such as India, South Korea, and Indonesia, signals a shift in global trademark dynamics. Protecting trademarks in key markets is no longer enough—companies must anticipate where generative AI adoption will grow and ensure early trademark coverage in those regions. Additionally, businesses should explore how trademarks can be aligned with broader intellectual property strategies, especially as GenAI innovations blur the lines between products, services, and platforms.

3. A Pivotal Moment to Establish Leadership in AI

The current surge in filings is more than a race to establish presence—it reflects a battle for enduring relevance. With generative AI advancing at an unprecedented pace, businesses must think beyond short-term product launches to how their innovations will influence industry standards. This moment is less about protecting isolated solutions and more about fostering frameworks and ecosystems that will drive AI adoption across sectors. Companies that lead will not only innovate but position themselves as key collaborators shaping the future of AI, leveraging strategic tools like trademarks to reinforce their credibility and long-term vision.

In summary, the data reflects not just the growing influence of GenAI but also the strategic imperatives for businesses to adapt. Organizations that proactively embrace these trends are likely to emerge as leaders in the AI-driven economy.

Looking Forward

The dramatic increase in GenAI trademark filings shows that we’re at an important moment in technological development. Companies of all sizes and types are finding ways to use AI in their work, and they’re moving quickly to protect their innovations.

For businesses watching these trends, the message is clear: GenAI is becoming a fundamental part of how companies operate and compete. Understanding these changes and planning accordingly will be crucial for future success.

Originally Published on: IPWatchdog – The Trademark Race in Generative AI: Positioning for Future Success

The thoughts expressed are the author’s own.