Global AI giants face trademark turbulence in India as homegrown claims take precedence
Despite the global dominance of their flagship AI models — ChatGPT, Gemini and Grok — the companies are struggling to secure trademark registrations in India due to a mix of prior user claims, phonetic similarities and the country’s stringent territorial and use-based trademark regime.
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Major GenAI players like OpenAI, Google and Elon Musk’s X.AI Corp are discovering that India’s trademark landscape poses unique hurdles. Despite the global dominance of their flagship AI models — ChatGPT, Gemini and Grok — the companies are struggling to secure trademark registrations in India due to a mix of prior user claims, phonetic similarities and the country’s stringent territorial and use-based trademark regime.
These challenges lies due to India’s strict adherence to “first use in India". While most applications for these AI models fall under Class 9, covering downloadable software and AI programs, overlapping claims and similar-sounding names are drawing closer scrutiny from the Indian Trade Marks Registry. Statutory provisions like Section 11 of the Trade Marks Act, which guard against consumer confusion, are proving to be key stumbling blocks for international applicants.
The claims...
OpenAI’s bid to trademark ChatGPT has run into formal opposition from Bengaluru-based Flaxxi AI Private Limited, which asserts it began using the name for its educational AI platform in 2022, predating OpenAI’s India filing. With partnerships such as one with IIT Jammu, Flaxxi is challenging OpenAI’s claim on grounds of bad faith adoption and potential harm to its local goodwill.
Elon Musk’s X is facing a provisional refusal for Grok after the Registry cited a conflict with Groke, an existing trademark held by Finnish marine software firm Groke Technologies. X is pushing back, arguing the two operate in completely different domains and that phonetic differences and coexistence in other jurisdictions like Korea and Finland should weigh in their favour.
Meanwhile, Google’s application for Gemini, its rebranded AI suite, has been challenged due to the long-standing trademark Gemini TV owned by Sun TV Network. Google argues that AI software and television broadcasting are disparate industries and points to Gemini’s high visibility in app stores and user adoption in India as evidence of its unique identity.
Deep Seek is also entangled in a multi-party clash, with at least two other entities filing similar trademark claims in Class 9. This crowded field could lead to protracted opposition proceedings, delaying market clarity for all claimants.
