Why OpenAI Can’t Call GPT-5 Its Own in China

Photo by Levart

OpenAI’s latest effort to trademark its new AI model “GPT-5” in mainland China has been officially rejected. This comes after previous failed attempts to register other names, including “ChatGPT,” “GPT-4,” and even future-sounding titles like “GPT-6” and “GPT-7.”

These decisions were made by the China National Intellectual Property Administration (CNIPA), which oversees trademarks in the country. The agency argued that “GPT,” which stands for “generative pre-trained transformer,” is a generic technical term that cannot be protected as a distinct brand.

This reflects a broader problem for OpenAI, not just in China. The U.S. Patent and Trademark Office also refused to grant protection for “ChatGPT” and “GPT” earlier this year, citing similar concerns—that the terms describe functionality, not a unique identity.

China’s AI Ecosystem: A Surge in “GPT” Copycats

Despite OpenAI being unable to trademark “GPT” in China, local Chinese companies have flooded the system with more than 400 applications for trademarks containing the same three letters. Many aim to use the GPT name as part of their branding, riding on the global popularity of OpenAI’s tools.

Because OpenAI has no formal market entry in China, authorities may view its trademark applications as premature—or even irrelevant.

Some of these filings come from legitimate players in the AI space, while others appear to be opportunistic. Either way, the trend highlights the growing appetite for AI innovation in China—and the potential for consumer confusion if OpenAI lacks legal tools to protect its name.

Why OpenAI Is Locked Out—At Least for Now

While OpenAI's ChatGPT and related tools are available in over 160 countries, they remain officially blocked in mainland China and Hong Kong. Chinese users who want to access ChatGPT typically rely on VPNs or third-party platforms. Developers also use workaround infrastructure like proxy servers to tap into OpenAI’s API.

Because OpenAI has no formal market entry in China, authorities may view its trademark applications as premature—or even irrelevant. With the Chinese government heavily promoting homegrown tech firms like Baidu, Alibaba, and iFlytek, the bar for foreign companies to gain IP protection remains high, especially in such a strategically sensitive sector.

GPT-5: A Powerful Tool Without a Home in China

OpenAI’s GPT-5 was unveiled just recently, promoted as its most advanced model yet. CEO Sam Altman described it as being like a “PhD-level expert in anything,” aiming to put intelligence at the center of every business. GPT-5 has been widely adopted by developers, startups, and enterprises around the world.

But without access to China—a massive and fast-growing market for AI—the company’s global rollout faces a serious limitation. And without legal recognition of its trademark, OpenAI has no mechanism to stop lookalike apps, counterfeit products, or misleading branding by others in China.

The Stakes for AI’s Global Power Struggle

The rejection of OpenAI’s trademark in China highlights the challenges of competing in an environment where legal systems and tech ecosystems are not aligned. It also reveals the tension between global brand building and local control in one of the world’s most strategically important markets for AI.

If OpenAI wants to enter China legally in the future, it may need to explore partnerships, licensing agreements, or even tailor its offerings to local regulations—steps that could dilute its brand identity but open doors for long-term growth.

For now, though, China’s AI race continues without OpenAI in the lead.