Google's AI trademark in India is held by a Telegu TV channel. Grok, ChatGPT and DeepSeek similarly stuck

Google has run into a spot of trouble with regards to its artificial intelligence (AI) platform Gemini, in India, according to a report by Bar and Bench. Notably, regional news and entertainment network Sun TV, owns the trademark rights to Telegu language channel Gemini TV, and has blocked the Silicon valley tech giant's billion dollar Class 9 application.

It is not the only AI business, facing a similar hurdle. Elon Musk-led xAI's Grok, Sam Altman-led OpenAI's ChatGPT, and even Chinese player DeepSeek AI's trademark applications in India are being contested by local players, it said.

What is the regulatory hurdle?

The Indian Trade Marks Registry has either flagged these applications or received formal oppositions from domestic firms who claim prior use, similarity that can cause customer confusion, and bad faith adoption.

Notably, Class 9 trademark applications (which is what these companies have applied under) are used for AI programmes, computer software, data processing systems, downloadable software, technological products, and related digital tools, the report added.

The trademarks will be examined for potential conflicts under Section 11 of the Trade Marks Act, 1999, which deals with relative grounds for refusal. Notably, in India, first use usually outweighs international reputation, the report added.

It is notable that Anthropic’s AI model Claude successfully secured trademark registration in India in June 2024; and Perplexity AI obtained registration of its trademark “Perplexity” in September 2024 — both under Class 9, without any recorded opposition.

Google's Gemini vs Sun TV's Gemini TV: What's the debate?

Google's generative AI platform Gemini's trademark has been objected to by Sun TV due to the Telegu channel's existing trademark for Gemini TV.

Google in its response has argued that the industries are completely unrelated with no overlap in customer bases — broadcast television compared to AI, software and machine learning, respectively, the report said.

Further, it noted 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 also noted that Google cited a precedent from the Supreme Court of India, which has ruled that class overlap is not enough to deny registration when the confusion between the business or products is unlikely.

What about ChatGPT, Grok and DeepSeek?

Bengaluru-based Flaxxi AI opposed OpenAI's ChatGPT trademark in India, claiming it has used the name since 2022 for its AI education platform, Bar and Bench report said. The platform was developed in collaboration with IIT Jammu and has recognition in India through its services and marketing, the company claimed.

For Grok, Finland's marine navigation software and equipment company Groke Technologies on May 1 opposed the Class 9 application. Elon Musk's company has responded that the companies serve different markets, have disimilar products, and both already coexist in multiple locations (Finland and Korea) where no objections were raised.

In DeepSeek's case, at least two other forms have sent overlapping applications for the name, indicating a potential multi-party dispute, the B&B report said.

What is the trademark process in India?

• File application under relevant classes.
• The Trademark registry will examine the application.
• Areas of dispute are usually flagged under Section 9 (generic or non-distinctive marks) or Section 11 (likelihood of confusion with prior marks) of the Trade Marks Act.
• The applicant may respond and appear for a hearing if necessary.
• Advertisement is run in the Trade Marks Journal.
• Four months of opposition window is activated.
• The application is registered if there is no opposition.