Established Representative at the UK Intellectual Property Office — since 2008

Why Is OpenAI’s ChatGPT Trademark Being Opposed in Australia?

Illustration of a woman and a man with brand tags in speech bubbles either side of a map of Australia

OpenAI’s application to register its ChatGPT trademark in Australia has been opposed by GPT Management Holdings Limited, part of the ASX-listed property business The GPT Group. The dispute has been reported in the Australian business press, including under the Capital Brief headline “ChatGPT v ASX GPT”. According to those reports, both sides have filed evidence, and neither is commenting on how it is going. It’s a live dispute and I’m not going to guess the outcome. But it’s a very clear example of how a trademark application can run into trouble in a new country.

What happened with the ChatGPT trademark in Australia?

OpenAI filed to register CHATGPT in Australia, and a business that has traded under the letters GPT for decades objected. The GPT Group’s own history says the General Property Trust was listed on the Australian Securities Exchange in 1971 as Australia’s first property trust. Today the group’s securities are a stapled pair: a unit in the General Property Trust and a share in GPT Management Holdings Limited, according to its investor FAQ. It describes itself as one of Australia’s leading real estate investment managers.

So on one side there’s one of the best-known technology brands in the world. On the other, a property group whose original trust was first listed in 1971. They work in completely different sectors, and yet here they are, exchanging evidence before the Australian trademark office.

I haven’t been able to check the application number, filing date or grounds of opposition against IP Australia’s own register, so I’m not setting those out here. What I can say is how the process works, and why it matters well beyond OpenAI.

How does a trademark opposition work in Australia?

In outline, it’s similar to the UK, where our trademark opposition service works on both sides, opposing applications and defending them. Once IP Australia accepts an application, there is a two-month notice period in which anyone can oppose it, according to IP Australia’s guidance. The applicant then has one month to file a notice of intention to defend. Both sides file evidence, and the case can go to a hearing officer, who decides whether the mark is registered.

The parties can also pause the fight to negotiate. IP Australia’s manual allows a cooling-off period if both sides agree: six months at first, extendable once to a maximum of twelve. The point of it is to give both sides room to settle.

In the UK, anyone can oppose within two months of an application being published, and that can be extended by a month by giving notice of threatened opposition, as GOV.UK explains.

Has OpenAI had trouble with GPT before?

Yes, in a different way. In February 2024 the US Patent and Trademark Office issued a final refusal of OpenAI’s application for GPT on its own, finding the term merely descriptive, as TechCrunch reported. GPT stands for “generative pre-trained transformer”, which describes the technology rather than who provides it.

OpenAI has also used its reputation to stop others in Australia. In July 2025 it successfully opposed an application for IMMIGPT for immigration advisory services, in OpenAI OpCo LLC v Realoz International Pty Ltd [2025] ATMO 141. According to a summary by law firm Hamilton Locke, the delegate accepted that Australian consumers understand ChatGPT is used across many industries.

Put together, that’s the tension in this dispute. A term can be too descriptive to own on its own, famous enough to block others in combination, and still collide with someone who was using similar letters long before.

Why does this matter to a UK business?

Because it can happen to any brand that expands, whatever its size. Trademarks are territorial. Your UK registration covers the UK and the Isle of Man, and in every other country the first question is who got there first. That business might be in a completely different sector and still decide it has grounds to object.

An opposition costs time and money even when you win. It holds up your registration, it can put your plans for that market on hold, and the evidence stages alone can run for months. I joked on LinkedIn that OpenAI could have done with one of our clearance audits and consultations first. There’s a serious point underneath it: many of these conflicts are visible before you file, if someone looks.

We’ve written before about how AI tools can help, but can’t replace proper trademark research, and about Google’s own trademark dispute over Gemini. The biggest names in tech are not immune.

What can you do before expanding abroad?

In my experience, three steps prevent many of these problems:

  1. Search every country you plan to trade in, for similar names as well as identical ones, and across sectors, not just your own.
  2. Look at who holds rights in any short or common element of your name, such as an acronym, because those are the parts most likely to be shared.
  3. File before you launch in each market, so you hold the earlier date there rather than someone else.

Our free trademark search gives you the UK picture. For other countries, our trademark consultation and clearance audit starts from £99, and the first consultation is free for new clients. When you’re ready to file abroad, our international trademark registration service covers over 100 countries through one UK based team. You can book a free call, email enquiries@thetrademarkhelpline.com or ring me on 0161 833 5400.

Update, September 2026: On 3 September 2026, Kalkine Media reported that the two sides had jointly asked for a cooling-off period earlier in the year to negotiate privately, and that neither had commented on the talks. We haven’t been able to confirm the current status on IP Australia’s register.

Related questions

This article is for information purposes only and does not constitute trademark advice or guidance. Last reviewed 25 September 2026. First shared as a LinkedIn post.

Matthew Griffiths
Written by

Matthew Griffiths

Matt is Commercial Director at The Trademark Helpline. He spent ten years in the property sector as the sole client relationship manager for more than 400 clients, working closely with the legal side of every transaction, before moving into financial services in 2023 and into trademarks in 2024. He works one to one with clients, manages TMH's UK and international partnerships, and oversees onboarding and delivery. Much of his time goes on infringement, either for businesses that have been sent a cease and desist letter with no trademark to fall back on, or for clients whose brand has been copied. If a brand audit shows the risk is too high, he will say so rather than file.

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