Why ChatGPT, Gemini, and Grok Are Facing Trademark Hurdles in India

INTRODUCTION

In India, trademark rights operate on the principle of “first to use” rather than “first to file.” This means that the rights to a trademark are granted to the party who can prove prior use in the market, regardless of who applies first. This fundamental rule has become particularly significant in recent cases involving major AI-based platforms attempting to register trademarks under Class 9 of the Trademark classification.

Global tech giants like ChatGPT, Gemini AI, and Grok have recently encountered legal hurdles while seeking trademark protection in India. Despite their international recognition, these platforms are facing opposition due to earlier trademark claims by local businesses. In this article, we will delve into the scope of Class 9 under the Trademark classification, explore the specific challenges these companies face, and analyse why India’s “prior user” principle creates roadblocks for some of the world’s most prominent AI brands.

CLASS 9 OF NICE CLASSIFICATION

Class 9 is a crucial trademark category for technology-driven goods and services. It encompasses various products, including AI software, downloadable and cloud-based applications, data processing systems, and various other digital technologies. For startups and tech companies, securing trademark protection under Class 9 is essential to safeguard their AI innovations, digital products, and brand identity, especially in India’s rapidly evolving and highly competitive tech landscape.

THE AI-BASED PLATFORM VS. PRIOR USER

1. GOOGLE’S GEMINI VS. SUN TV’S GEMINI TV

Google’s attempt to register the trademark “Gemini” for its AI platform in India has been formally opposed by Sun TV Network, the owner of the longstanding Gemini TV brand (in use since 1995 in Class 35).

Despite operating in different sectors, AI software versus television broadcasting Trade Marks Registry flagged a strong possibility of consumer confusion, particularly due to phonetic similarities and visual resemblance.

Key legal provisions invoked include:

• Section 11(1): Refusal on grounds of likely confusion with a pre-existing mark
• Section 9(1)(b): Marks lacking distinctiveness or potentially misleading consumers

2. OPENAI’S CHATGPT VS. FLAXXI AI

OpenAI’s application to protect the “ChatGPT” trademark in India is currently opposed by Flaxxi AI, a Bengaluru-based startup that claims usage of the name since 2022 for its educational AI platform developed with IIT Jammu.

Flaxxi argues that their prior use and accrued goodwill should bar OpenAI from registering the same name, given India’s strict “first use” rule.

3. xAI’S GROK VS. GROKE TECHNOLOGIES

Elon Musk’s xAI is facing opposition from Groke Technologies, a Finnish marine software firm that holds the “Grok” trademark under Class 9 in several jurisdictions, including Finland. xAI contends that the brands serve distinct markets and have coexisted without issues in countries like Finland and South Korea.

Separately, in the U.S., a startup named Bizly alleges prior rights to “Grok,” claiming they filed for the mark in 2021. They contend that Musk’s use disrupted funding and triggered confusion, even though Bizly’s app was still in beta and not widely launched.

4. DEEPSEEK AI VS. MULTIPLE LOCAL APPLICANTS

India’s DeepSeek AI has become entangled in trademark filings contested by multiple parties, indicating a potentially complex dispute over ownership of the “Deep Seek” name under Class 9.

WHY ARE THESE CASES SIGNIFICANT?

• India’s “First-to-Use” Principle: Trademark rights are grounded in actual prior use in India, rather than global recognition.
• High Conflict in Class 9: AI platforms fall under Class 9, a category rife with overlapping names and contested claims.
• Consumer Confusion Threshold: Even when operating in different industries, names that sound alike or share brand design elements may be refused or opposed based on Section 11 and Section 9 grounds.

CASE STATUS & LATEST UPDATES

• Gemini: Sun TV’s prior use (dating back to 1995) gives it a strong ground. Google’s opposition proceedings are ongoing.
• ChatGPT: Flaxxi AI’s claim of longstanding local usage gives it legal weight; OpenAI’s response is underway.
• Grok: Trademark opposition is active, with Groke Technologies raising a formal opposition in India.xAI continues to defend its position.
• DeepSeek: Multiple overlapping applications indicate a contested process that may take time to resolve.

CONCLUSION

The ongoing trademark disputes involving leading AI platforms like Google’s Gemini, OpenAI’s ChatGPT, xAI’s Grok, and DeepSeek AI underscore the complexities of navigating intellectual property law in India’s dynamic digital economy. These cases highlight how India’s “Prior User” doctrine plays a pivotal role in determining trademark rightsoften giving local businesses a legal advantage over globally established tech giants. The ongoing trademark disputes involving leading AI platforms like Google’s Gemini, OpenAI’s ChatGPT, xAI’s Grok, and DeepSeek AI underscore the complexities of navigating intellectual property law in India’s dynamic digital economy. These cases highlight how India’s “Prior User” doctrine plays a pivotal role in determining trademark rightsoften giving local businesses a legal advantage over globally established tech giants.

As AI continues to evolve and expand, especially within India’s thriving technology sector, securing early trademark protection under the appropriate class, particularly Class 9, is more critical than ever. Companies, both domestic and international, must adopt proactive trademark strategies that consider not only global branding but also local market presence and existing rights holders.

These high-profile cases serve as a reminder that in India, brand value is not solely determined by global reputation or innovation it is also grounded in timely, lawful, and strategic use within the local market.