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

As Artificial Intelligence (AI) becomes a defining force in global innovation, protecting intellectual property has never been more critical. However, recent trademark battles in India show that even the world’s biggest tech companies are not immune to legal obstacles. Industry leaders like Google, OpenAI, and xAI (Elon Musk) have all faced opposition when attempting to register trademarks for their AI models — Gemini, ChatGPT, and Grok, respectively — in India.

These high-profile cases highlight the importance of early, strategic trademark registration and serve as a cautionary tale for Indian startups and global brands alike.

Trademark Law in India: A Quick Overview

India follows a “first-to-use” principle under the Trade Marks Act, 1999. This means that legal rights to a trademark are typically granted to the party that first used the mark in commerce—not necessarily the first to file an application.

As a result, even globally dominant brands can face opposition if a local entity proves prior usage or similarity that could confuse consumers.

Class 9 Trademark Applications

Class 9 is a key trademark category for technology-based goods and services. It covers AI software, downloadable and cloud-based programs, data processing systems, and other digital technologies. This classification is critical for startups and tech companies aiming to protect their AI innovations and brand identity in India’s competitive market.

Trademark Disputes in India’s AI Space

1. Google’s Gemini vs. Sun TV

Google’s attempt to trademark “Gemini” for its AI platform in India was opposed by Sun TV, a major regional broadcaster that owns the “Gemini TV” trademark. Despite operating in different industries (software vs. broadcasting), the Indian Trade Marks Registry flagged potential confusion due to similar phonetics and visual identity.

Legal Basis:

• Section 11(1) – Refusal due to likelihood of confusion with an earlier mark.
• Section 9(1)(b) – Marks that lack distinctiveness or could mislead consumers. 

2. ChatGPT vs. Flaxxi AI

OpenAI’s trademark application for “ChatGPT” is under opposition from Flaxxi AI, a Bengaluru-based startup that claims to have used the name since 2022 for its educational platform co-developed with IIT Jammu.

Flaxxi argues that its existing usage and goodwill in the Indian market should prevent OpenAI from registering the name.

3. Grok vs. Groke Technologies

Elon Musk’s xAI also faces resistance from Groke Technologies, a Finnish marine tech company, over the trademark “Grok”. Groke claims its mark is already associated with technology services and software. xAI countered that the two operate in unrelated domains and already coexist in countries like Finland and South Korea.

DeepSeek: Trademark applications for “Deep Seek” are contested by multiple parties in India, signaling a potential prolonged dispute to establish ownership over the mark.

Why These Disputes Matter for Indian Businesses

These examples underscore one key message: Trademark registration in India is not a formality—it’s a legal battleground. Whether you're a global brand or a growing startup, failing to secure trademark rights early can expose your business to serious risks:

• Delays in market entry
• Costly litigation
• Forced rebranding
• Loss of competitive edge

Trademark Opposition and Objections: What They Mean

Once a trademark application is filed, it is examined by the Indian Trade Marks Registry. The Registry may raise objections if it finds similarity with existing marks, or the application may be opposed by third parties within four months of being published in the Trade Marks Journal.

An opposition is a legal proceeding where the challenger must prove that the applied mark:

• Is deceptively similar to an existing trademark
• Could mislead consumers
• Was filed in bad faith
• Lacks distinctiveness

Facing opposition doesn’t mean the application fails automatically—but it does require a robust legal response backed by evidence.

Successful  trademark Registrations: Claude and Perplexity

Not all AI trademarks face resistance. Anthropic’s AI model Claude, and Perplexity AI’s Perplexity successfully secured trademark registrations in India under Class 9 without opposition in 2024. These cases demonstrate that securing AI-related trademarks is possible when there are no conflicting prior claims.

Lessons for Startups, Entrepreneurs, and AI Developers

• Conduct a Comprehensive Trademark Search: Use IndiaFilings’ Trademark Public Search Tool to check for existing or similar marks before selecting a product or brand name.
• Register Early — Before Going Public: Don't wait until your product gains traction. Register your trademark as early as possible to establish legal protection.
• Be Aware of Class Overlaps: Even if you operate in a different industry, a similar or phonetically identical name can trigger objections.
• Document Usage Clearly: If you’re claiming prior use, maintain detailed records of marketing, client interactions, and product launches.
• Be Prepared for Opposition: Opposition proceedings are part of the trademark process. Having professional support to respond effectively can make or break your claim

Key takeaways: Don’t Wait Until It’s Too Late

If tech giants like Google, OpenAI, and xAI can encounter trademark obstacles in India, so can startups and SMEs. Trademark registration isn't just a legal checkbox — it's a core business strategy. By securing your IP rights early, especially in the tech and AI sectors, you reduce your legal risk and build a stronger foundation for growth and credibility in the Indian market.

How IndiaFilings Supports Your Trademark?

At IndiaFilings, we emphasise proactive trademark protection to avoid costly conflicts. Our advanced trademark search tools enable you to identify existing trademarks that may conflict with your brand name. We also provide end-to-end trademark registration support, ensuring your application complies with Indian law and minimising the risk of opposition.

Protecting your brand early helps maintain your competitive edge and secures your business assets in India’s growing AI and tech markets.

Get Started!

FAQs on AI Trademarks Registration in India

1. Why are global tech companies like Google and OpenAI facing trademark issues in India?

India’s trademark law follows a “first-to-use” principle. If a local entity has already used a similar name in commerce, even a globally recognised brand can face opposition. This is why names like Gemini, ChatGPT, and Grok have encountered hurdles.

2. What is a Class 9 trademark, and why is it important for AI and tech companies?

Class 9 covers digital products, including software, AI applications, data processing systems, and electronic devices. If you're developing AI tools or digital platforms, this is the primary class under which you must register your trademark in India.

3. Can two companies register similar trademarks in different industries?

Sometimes, yes. But if the marks are phonetically, visually, or conceptually similar, the Registry may reject the newer application if there’s a risk of consumer confusion, even if the businesses operate in different sectors.

4. What should I do if someone opposes my trademark application?

You’ll need to file a counterstatement within the prescribed time frame (usually 2 months). A legal or IP expert can help you prepare a strong defence with proof of use, distinctiveness, and intent.

5. How can I check if a trademark is already registered in India?

You can use the IndiaFilings Trademark Search Tool or the official IP India Public Search Portal to check for similar or identical marks before filing your application.

6. What happens if I don’t register my trademark?

Without trademark registration, you risk:

• Losing branding rights to competitors
• Facing legal disputes and rebranding costs
• Being blocked from certain markets or platforms

7. How long does a trademark registration last in India?

A registered trademark in India is valid for 10 years from the date of application and can be renewed indefinitely every 10 years.

RENU SURESH Expert

Updated on: May 27th, 2025