Google Seeks Gemini Trademark Days After Pausing AI Tool

When ChatGPT first set off the debate over artificial intelligence (AI), few could’ve predicted how quickly the technology would grow. There are now a multitude of AI tools out there, and mega corporations are fighting to become the industry leader. Sometimes, this leads to mistakes — as seen by Google pausing one of its own AI tools last week. However, this setback did not stop the company from filing its Gemini trademark only days later.

If this is the first time you’ve heard about Gemini, it may be because Google’s artificial intelligence tool was first known as “Bard.” The name change reflected the company’s commitment to building AI models, and their recent application with the U.S. Patent and Trademark Office (USPTO) shows that they’re ready to build on the brand. However, the timing of their trademark registration is nothing short of unfortunate.

Bad Timing With Google’s Gemini Trademark

It’s been less than a month since Google announced it was rebranding its Bard AI tool as “Gemini.” It no doubt takes some time to get everything in order before seeking trademark protection. Still, it seems the company was ready when its application to trademark “Gemini” was filed on February 23, 2024.

Unfortunately, the filing came just two days after the CEO had to issue a public apology related to the tool. It turns out that the image generation capability of Gemini was producing results that many considered offensive. When asked to create images of America’s Founding Fathers or WWII Nazi officers, the AI bot produced images of racially diverse individuals.

Because of these mishaps, Google paused the image generation tool. And while the Gemini trademark filing might seem ill-timed, the simple fact is that setbacks and public outcry do not dictate intellectual property rights. Clearly, Google has stuck to the concept that — if it’s time to trademark a word — then it’s time.

Could Google Gemini Encounter Trademark Issues?

There is no rule at the USPTO regarding public outcry or temporary setbacks. Even with Google taking down Gemini’s image capabilities, the company still met the necessary criteria to seek registration. However, the strange images produced by the AI tool may be the least of Google’s worries when it comes to protecting its trademark.

That’s because the word they’re seeking protection over — Gemini — is already used extensively. A basic trademark search returns thousands of results when “Gemini” is input as a query. It’s not uncommon for the same word to be trademarked multiple times — as long as concurrent registrations do not create a likelihood of confusion.

Unfortunately for Google, such a likelihood could arguably exist. Among live registrations for “Gemini” and similar trademarks, there are products and services in the education, marketing, software, digital, robotic equipment, and scientific instrument spaces. As we saw when Elon Musk tried to trademark “X,” such peripheral trademarks could prove problematic.

What Happens Now?

There’s no guarantee that Google Gemini will encounter any hurdles on its way to trademark registration. Its filing could be approved by a trademark examiner, published in the Official Gazette, and registered without any opposition whatsoever. However, such an easy path to trademark registration may be less likely with such a common word.

As the media loses interest in Gemini’s image creation mishaps, people will begin to shift back to their focus on the underlying debate of AI. And within a few months, we’ll have more insight into whether Google will face pushback from other brands with Gemini trademarks. The company certainly has the capital to take on such fights, but there’s no way to predict how these cases will play out before the USPTO or federal courts.

Trademarks and artificial intelligence keep intersecting in unique and novel ways, so it will be interesting to see how these cases play out.