Inside India’s AI Trademark Wars: Gemini, ChatGPT, Grok and the Legal Fights Over Naming Rights

Global AI giants such as Google, OpenAI and xAI are encountering difficulties in securing trademarks for their models or chatbots in India. These include globally prominent models like Gemini, ChatGPT, Grok, and Claude.

The Indian Trade Marks Registry has either flagged their applications or received formal opposition from domestic entities, citing prior use, confusing similarity, and bad-faith adoption.

Google's "Gemini" Trademark

Recently, regional news and entertainment network Sun TV's prior ownership of the “Gemini TV” trademark hindered Google’s attempt to register the trademark "Gemini" in India for its AI platform, Bar and Bench reported.

Sun TV owns the trademark rights to Telugu language channel “Gemini TV," which has reportedly blocked the tech giant's billion dollar Class 9 application.

The Indian Trade Marks Registry objected to Google's application on the grounds that the "Gemini" mark was already in use by Sun TV in the television broadcasting sector.

Google argued that its AI software and Sun TV’s broadcasting operate in entirely different industries with no customer or trade overlap, emphasizing the distinctiveness and wide recognition of its "Gemini" AI suite in India. Citing Supreme Court rulings, Google claimed that mere class overlap doesn’t prevent trademark registration if confusion is unlikely.

What is the Class 9 Trademark Application?

Class 9 trademark applications cover a broad range of technology-related goods and digital products. This classification includes AI programs, computer software (both downloadable and cloud-based), data processing systems, and other technological products and digital tools.

As the primary trademark category for protecting innovations in AI, software platforms, and related digital technologies, it ensures exclusive rights over brand names and logos associated with these products within the technology sector.

Sun TV's prior ownership of "Gemini TV" trademark has blocked Google's application for "Gemini" under the grounds of prior use and potential consumer confusion, which falls under Section 9(1)(b) and Section 11 of the Indian Trade Marks Act, 1999.

These sections deal with refusal of registration if the mark is identical or deceptively similar to an earlier trademark and if it is likely to cause confusion among the public.

Notably, under Indian trademark law, first-use rights typically take precedence over an entity’s international reputation when determining trademark rights.

Other Trademark Challenges in Tech

Bengaluru-based startup Flaxxi AI has formally opposed OpenAI’s trademark application for "ChatGPT" in India, asserting prior use of the name since 2022 for its AI-driven educational platform.

Flaxxi claims that its platform, developed in collaboration with IIT Jammu, has gained recognition in India through its services, marketing efforts, and partnerships, thereby establishing goodwill associated with the "ChatGPT" mark well before OpenAI filed for trademark registration in India

Similarly, Finland-based marine navigation software and equipment company Groke Technologies opposed Elon Musk’s xAI trademark application for “Grok” in India under Class 9, which covers software products. Groke Technologies filed the opposition on May 1, contending that the name “Grok” is already associated with their brand in related technology sectors.

In response, Elon Musk’s xAI argued that the two companies operate in entirely different markets with dissimilar products Groke Technologies focuses on marine navigation software and hardware, while xAI’s Grok is an AI chatbot integrated with the social media platform X (formerly Twitter). xAI further noted that both brands already coexist peacefully in other countries such as Finland and South Korea, where no trademark objections have been raised, implying that consumer confusion is unlikely.

DeepSeek AI’s trademark application in India is also facing complications due to overlapping filings by at least two other entities for the same name, indicating a potential multi-party dispute over the ownership and rights to the "Deep Seek" mark.

Under Indian trademark law, when multiple applications for identical or deceptively similar marks exist, the Trade Marks Registry may refuse registration or initiate opposition and rectification proceedings to determine the rightful owner.

Each applicant must prove prior use, distinctiveness, or honest concurrent use to succeed. The presence of multiple overlapping applications for "Deep Seek" suggests a protracted legal battle that could delay or complicate the registration process for all parties involved.

On the other hand, Anthropic’s AI model Claude successfully secured trademark registration in India on July 8, 2024, under Class 9, without facing any recorded opposition from other parties. Similarly, Perplexity AI obtained registration of its trademark “Perplexity” in September 2024, also under Class 9, with no opposition reported.