On 15 July 2026 (Case T‑555/25), the General Court of the European Union ruled that the word mark OPENAI cannot be registered as an EU trademark for software and digital services. The Court found that the sign is descriptive and lacks the required distinctive character. The US‑based AI provider OpenAI had applied to register the mark for software, digital services, and identity verification solutions, but the EUIPO rejected the application, prompting OpenAI to bring an action before the Court.

The General Court upheld the EUIPO’s decision, noting that relevant consumers recognise “open” and “AI” as common English terms. In the IT context, “open” is understood as accessible, unrestricted, or transparent, while “AI” clearly refers to artificial intelligence. Combined, OPENAI directly describes open or accessible artificial intelligence and is not perceived as a fanciful or invented term. The sign therefore immediately indicates the nature, purpose, or intended use of the goods and services claimed.

From a legal perspective, a trademark application may be refused if a sign is descriptive in at least one of its possible meanings. The existing reputation of the sign is irrelevant for assessing descriptiveness; it may only matter when examining acquired distinctiveness. Previous trademark registrations in the EU or third countries have no binding effect, as EU trademark law must be applied autonomously. Since the Court had already classified the sign as descriptive, it did not need to address the question of inherent distinctiveness. The decision is not yet final, and OpenAI may still lodge an appeal.