Google’s AI trademark in India is held by a Telegu TV channel. Grok, ChatGPT and DeepSeek equally caught | Company Business News

Google has run right into a spot of hassle almost about its synthetic intelligence (AI) platform Gemini, in India, in accordance with a report by Bar and Bench. Notably, regional information and leisure community Sun TV, owns the trademark rights to Telegu language channel Gemini TV, and has blocked the Silicon valley tech large’s billion greenback Class 9 software.

It will not be the one AI enterprise, dealing with an analogous hurdle. Elon Musk-led xAI’s Grok, Sam Altman-led OpenAI’s ChatGPT, and even Chinese participant DeepSeek AI’s trademark purposes in India are being contested by native gamers, it stated.

What is the regulatory hurdle?

The Indian Trade Marks Registry has both flagged these purposes or obtained formal oppositions from home corporations who declare prior use, similarity that may trigger buyer confusion, and unhealthy religion adoption.

Notably, Class 9 trademark purposes (which is what these corporations have utilized below) are used for AI programmes, laptop software program, knowledge processing methods, downloadable software program, technological merchandise, and associated digital instruments, the report added.

The emblems can be examined for potential conflicts below Section 11 of the Trade Marks Act, 1999, which offers with relative grounds for refusal. Notably, in India, first use normally outweighs worldwide status, the report added.

It is notable that Anthropic’s AI mannequin Claude efficiently secured trademark registration in India in June 2024; and Perplexity AI obtained registration of its trademark “Perplexity” in September 2024 — each below Class 9, with none recorded opposition.

Google’s Gemini vs Sun TV’s Gemini TV: What’s the talk?

Google’s generative AI platform Gemini’s trademark has been objected to by Sun TV because of the Telegu channel’s present trademark for Gemini TV.

Google in its response has argued that the industries are utterly unrelated with no overlap in buyer bases — broadcast tv in comparison with AI, software program and machine studying, respectively, the report stated.

Further, it famous that Gemini is a “globally recognised brand with high visibility in app stores and millions of downloads in India”, it pointed to continued promotional campaigns and rebranding efforts from Google Bard.

The report additionally famous that Google cited a precedent from the Supreme Court of India, which has dominated that class overlap will not be sufficient to disclaim registration when the confusion between the enterprise or merchandise is unlikely.

What about ChatGPT, Grok and DeepSeek?

Bengaluru-based Flaxxi AI opposed OpenAI‘s ChatGPT trademark in India, claiming it has used the title since 2022 for its AI schooling platform, Bar and Bench report stated. The platform was developed in collaboration with IIT Jammu and has recognition in India via its providers and advertising and marketing, the corporate claimed.

For Grok, Finland’s marine navigation software program and tools firm Groke Technologies on May 1 opposed the Class 9 software. Elon Musk‘s firm has responded that the businesses serve totally different markets, have disimilar merchandise, and each already coexist in a number of areas (Finland and Korea) the place no objections have been raised.

In DeepSeek’s case, at the very least two different kinds have despatched overlapping purposes for the title, indicating a possible multi-party dispute, the B&B report stated.

What is the trademark course of in India?

• File software below related lessons.
• The Trademark registry will look at the applying.
• Areas of dispute are normally flagged below Section 9 (generic or non-distinctive marks) or Section 11 (probability of confusion with prior marks) of the Trade Marks Act.
• The applicant might reply and seem for a listening to if essential.
• Advertisement is run within the Trade Marks Journal.
• Four months of opposition window is activated.
• The software is registered if there isn’t any opposition.