General Court Upholds EUIPO Refusal of OpenAI Mark

The EU General Court on July 15, 2026, dismissed OpenAI Inc.'s action seeking annulment of the EUIPO Fifth Board of Appeal decision refusing registration of the word mark OPENAI. The court upheld findings of lack of distinctive character and descriptive character under Articles 7(1)(b) and (c) of the EU Trade Mark Regulation.

OpenAI had challenged the refusal, arguing issues including equal treatment and sound administration. The court rejected the action in full and ordered OpenAI to pay the costs.

The decision confirms the Board of Appeal's assessment that the mark is descriptive of the goods and services applied for and lacks distinctive character. The judgment was published in the Official Journal on August 31, 2026.