The world’s smartest machines are now stuck in a very human problem - legal hurdles. OpenAI’s ChatGPT, Google’s Gemini, and xAI’s Grok - three of the biggest AI models today - are all facing trademark hurdles in India. Their challenge isn’t about innovation or market share. It’s about a rule buried deep in India’s trademark law: First to use. Not first to file.
This single rule flips the game. In India, it doesn’t matter if your brand is famous across the globe. If someone else used a similar name first - even in a different industry - your trademark can be blocked, opposed, or delayed. That’s exactly what’s happening. These global AI giants are now wrestling with local businesses who say they got there first. And under India’s Trade Marks Act, 1999, that “prior use” can be enough to derail a trademark - no matter how big the applicant. It’s a reminder for every entrepreneur, developer, or founder: Trademark law in India favors the early bird. Not the loudest one.
The battleground: Class 9
AI models like ChatGPT, Gemini, and Grok all fall under Class 9 of the Nice Classification, an international standard maintained by the World Intellectual Property Organization (WIPO). It covers software, AI platforms, data tools, and other digital technologies - making it one of the busiest trademark classes worldwide. So what does Class 9 include?
- Downloadable software
- AI tools and machine learning models
- Mobile apps and cloud-based platforms
- Data processing systems and tech hardware
In short - every digital innovation out there. This makes Class 9 one of the most crowded classes in India’s trademark registry. From fintech apps to edtech platforms to marine navigation software - they all land here.
Now imagine trying to register a new AI brand in a space filled with similar names, acronyms, or sounds. Even if your product is unique, if your name sounds too close to something already registered, it could be flagged. You might face:
- Objections from the Trade Marks Registry
- Opposition from other companies
- Or worse - a complete rejection
And here’s the twist: you don’t even need to be in the same industry for conflict to arise. If the name is similar enough to confuse consumers, it’s a red flag under Section 11 of the Trade Marks Act, 1999. That’s why even tech giants are being stopped at the gates. Class 9 isn’t just competitive. It’s a legal minefield. And without a smart strategy, your brand name could blow up before it ever launches.
What’s going wrong?
Trademark registration isn’t a smooth ride - even for billion-dollar companies. These AI trademark disputes in India show just how tricky things can get. Let’s look at the real battles that are holding back ChatGPT, Gemini, and Grok.
1. ChatGPT vs. Flaxxi AI
The conflict: A Bengaluru-based startup, Flaxxi AI, claims it used the name ChatGPT as early as 2022. The name was linked to an educational platform built with IIT Jammu.
The argument: Flaxxi says it has been using the name first. In India, that matters more than who’s more famous globally.
The claim: Prior use equals stronger rights under Indian trademark law.
The result: OpenAI’s trademark for ChatGPT has been opposed. The case is still pending. Until then, ChatGPT has no official trademark protection in India.
2. Gemini vs. Gemini TV
The conflict: Google’s AI model Gemini ran into trouble with Gemini TV, a trademark owned by Sun TV, a leading Indian broadcaster.
The issue: Even though one is an AI platform and the other is a TV channel, the names sound too similar. That’s enough to confuse consumers - and that’s enough to trigger a trademark objection.
Cited legal grounds:
- Section 11(1) – The mark is too similar to an existing trademark and may cause confusion.
- Section 9(1)(b) – The mark is not distinctive enough and may mislead the public.
Status: Google's application is under scrutiny. The similarity in name and brand identity could delay or block trademark approval.
3. Grok vs. Groke
The conflict: Elon Musk’s xAI wants to trademark Grok in India. But there’s already a mark called Groke, registered by a Finnish marine tech company.
The concern: Both names are short, similar-looking, and fall under Class 9 - which covers software.
xAI’s defense: They say the companies work in completely different fields, and the names already coexist in places like Finland and South Korea.
The twist: In India, coexistence elsewhere doesn’t matter. If there's a chance of confusion here, the Registry may still object.
4. DeepSeek vs. Everyone
The conflict: AI model DeepSeek is facing multiple trademark oppositions in India. Several entities claim similar names or prior use.
What it shows: This isn’t just about one or two cases. India’s AI trademark wars are just beginning**.** More brands. More names. More fights.
These trademark battles are more than legal hiccups. They’re warnings. Even global giants like Google and OpenAI are being challenged by small but fast-moving Indian startups. And under Indian law, that’s enough to block a trademark - even if the brand is world-famous.
Why global giants are losing to local players
In India, fame doesn’t always win. Under the Trade Marks Act, 1999, trademark rights are based on first use, not first filing. That’s the golden rule. You could be a billion-dollar brand. You could dominate headlines across the world. But if someone in India used the name before you - or even claims to - you’re already at a disadvantage. “Trademark rights belong to those who first use them in commerce, not those who file them first.”
This core principle shapes how India handles AI trademark disputes. Let’s break it down:
- If a local startup uses a name similar to yours - even in a different context - they can oppose your trademark.
- If they can prove prior use, even with basic evidence like a pitch deck, website, or social media activity - they can win.
- And if your name closely resembles an existing Indian trademark, you could be blocked under Section 11 of the Act.
That’s why OpenAI is being opposed by Flaxxi AI. That’s why Google’s Gemini is clashing with Gemini TV. That’s why Elon Musk’s Grok is under fire from Groke Technologies.
In each case, local players were either faster - or louder - at the filing desk. This doesn’t mean India is unfair. It means India protects early innovators within its borders, no matter how big the competition. If you're a global brand, you need to do more than just build the best tech. You need a strong trademark strategy - one that’s local, early, and smart.
The success stories no one talks about
It’s not all bad news. While some big tech names are stuck in legal delays, others have cracked the code. Claude by Anthropic and Perplexity by Perplexity AI are the quiet winners of the AI trademark race in India. Both companies successfully registered their trademarks under Class 9 in 2024 - with no objections, no oppositions, and no delays. Their success wasn’t luck - it came down to early filing, unique brand names, and zero conflicts with existing trademarks. They understood the system and played it right. So what did they do right?
Their secret recipe to trademark success:
Early filing: They registered their brand names before launching widely in India. This gave them a legal edge over any potential copycats or conflicting claims.
Unique and non-generic names: “Claude” and “Perplexity” aren’t common tech terms. They don’t sound like other AI tools or software brands. That made them stand out.
No pre-existing conflicts: They likely conducted thorough trademark searches before filing. This helped them avoid clashing with already registered marks in Class 9. Let’s call it The Claude Clause: Register first. Market later.
It’s simple, but powerful. Many startups make the mistake of launching big, going viral, and then thinking about trademark protection. By that time, it’s too late. Someone else might file the name first - or worse, already be using it locally. Claude and Perplexity did the opposite**.** They treated trademarks as a first step, not an afterthought. And it paid off.
The takeaway? If you’re building a tech product, an AI model, or any software solution, file your trademark early. Choose a name that’s distinct. Do a proper search. And protect your brand before your competitors - or the trolls - beat you to it.
What Indian businesses must learn from Big Tech’s missteps
If the world’s biggest tech companies can get stuck in India’s trademark system, so can you. It doesn’t matter if you’re launching a chatbot, a health-tech app, or even an AI-powered toothbrush - the rules stay the same. And if you ignore them, you risk losing your brand before it even takes off.
1. Start with a trademark search
Before you finalize your brand name, run a trademark availability search. Use a quick and reliable trademark search tool. You can also use the Indian Trademark Registry search system. This helps you spot similar or identical names already registered in Class 9 (or any other relevant class).
2. File your trademark before going public
Don’t wait until your app or product goes viral. Once your name is out there, copycats can file it before you - and claim “prior use.” Early filing gives you a legal shield from trademark trolls and competitors.
3. Pick smart, original names
Avoid names that sound too generic or too close to others. “NovaGPT,” “Gemino,” or “Grokit” may look futuristic, but in trademark terms - they’re trouble magnets. Phonetic similarity, even across industries, can lead to objections or legal fights under Section 11.
4. Document every step of your brand’s journey
If you’re already using the name, make sure you gather proof of use early. This includes screenshots of your website, social media posts, pitch decks, brochures, and even product launch videos. These simple assets can become your strongest defense if your trademark faces opposition. In India’s “first-to-use” system, showing evidence of actual use can tip the scales in your favor.
5. Prepare for objections - and fight smart
Not all trademark filings go through without a hitch. Oppositions and objections are common, especially in busy classes like Class 9. What matters is how you respond. With the right legal support and solid evidence, you can still win your case. The bottom line?
Don’t treat trademarks like a formality. In India, they are a frontline defense for your business. If Big Tech can get blocked, you need to plan smarter. File early. Search wisely. Stay protected.
What this means for the future of AI in India
The big question now is simple - but urgent: Is India’s IP system ready for the AI age? Right now, it’s struggling to keep up. India’s trademark law still follows old-school rules. It focuses on territorial rights and manual procedures. That made sense in the past. But with AI moving at lightning speed, India’s IP framework - currently overseen by the Department for Promotion of Industry and Internal Trade (DPIIT) - needs serious updates. As the policy-making body behind trademarks and patents, DPIIT plays a key role in shaping how innovation is protected in the country. If India wants to lead the world in tech, it must act fast.
What needs to change?
AI-specific subclasses within Class 9: Class 9 is overcrowded. It lumps all tech - apps, software, wearables, AI models - into one basket. Breaking it down into clear subclasses for AI would reduce confusion and avoid name conflicts.
Faster, simplified dispute resolution: Trademark battles can drag on for years. Startups don’t have that kind of time. India needs a streamlined process to resolve oppositions quickly - especially for high-growth sectors like AI.
More awareness for founders and developers: Many Indian startups still see trademarks as optional. That’s risky. With more IP education and access to tools like public trademark searches, businesses can make smarter decisions from day one.
If these changes don’t happen soon, India risks falling behind. Trademark disputes will continue to block innovation, delay market launches, and invite infringers to steal IP from both local and global creators. The AI wave is here. Now the question is - can India’s IP system ride it, or will it sink under the pressure?
Secure the name to win the game
The trademark office doesn’t care if you’ve been featured in Wired, The Verge, or Bloomberg. In India, it’s not about how famous you are. It’s about who used the name first. That’s why even the biggest names - Google, OpenAI, and Elon Musk - are facing delays, oppositions, and legal challenges. If it can happen to them, it can happen to any startup, founder, or tech team. So don’t wait.
- File your trademark early
- Run a proper search before launch
- Pick a name that’s unique and defensible
- Protect it with expert help
At Trademarkia, our
have helped thousands of businesses register trademarks in over 180 countries - including India. We don’t just file forms. We help you build a brand that stands up in court - and stands out in the market.
Be smarter than ChatGPT. Trademark your name before the world hears it.
