OpenAI Files Trademark Applications for Humanoid Robots and Smart Jewelry

OpenAI has recently filed trademark applications before the Intellectual Property Office of the Philippines (IPOPHL) covering humanoid robots and smart jewelry, as per its filings on 31 January. This move expands OpenAI’s portfolio into hardware and AI-assisted consumer products, including humanoid robots designed to assist, entertain, and communicate with people.

The filings also extend to related AI hardware and wearables, such as headphones, smartwatches, VR/AR headsets, glasses, remotes, and smart jewelry. These applications secure OpenAI’s potential market rights in the Philippines ahead of product launches.

What Are Humanoid Robots?

Humanoid robots are machines designed to look and behave like humans. They usually integrate artificial intelligence that enables them to communicate, learn, and react to their surroundings. In OpenAI’s case, its trademarks suggest a focus on user-programmable robots that can be deployed in both assistance and entertainment roles.

Philippine Trademark Process at IPOPHL

In the Philippines, the process for registering a trademark follows these steps:

1. Filing the Application with IPOPHL’s Bureau of Trademarks (BOT).
   • Applications must be filed through eTMFile (IPOPHL’s online system).
   • Multi-class applications are allowed.
2. Formal Examination – IPOPHL checks completeness of documents.
3. Substantive Examination – The examiner checks for similar or confusingly similar marks, and compliance with the Intellectual Property Code.
4. Publication in the e-Gazette – Applications are published to allow third parties to file an Opposition.
5. Opposition – Any person who may be damaged can file a Verified Notice of Opposition within 30 days, extendible once by 45 days.
6. Registration – If unopposed, the mark proceeds to registration.
7. Declaration of Actual Use (DAU) – Within 3 years from filing, the applicant must file a DAU with evidence (labels, advertising, photos, or online listings).

Failure to submit the DAU leads to automatic cancellation.

Case Law Example in the Philippines

A useful illustration is Zuneca Pharmaceutical v. Natrapharm (G.R. 211850, 2020), where the Supreme Court emphasized the importance of proof of actual use in protecting a trademark. In that case, a mark was cancelled for non-use despite its registration.

For OpenAI, this means that filing alone is insufficient—they must show real commercial use of humanoid robots or smart jewelry in the Philippines within the prescribed period.

Copyright Implications

Apart from trademarks, OpenAI’s innovations in humanoid robots and smart jewelry also involve copyright concerns:

• Software & AI Code: Copyright protects original software powering the robots.
• Design & Content: User interfaces, visual designs, and training data may also be copyrightable.
• Robotic Output: Under current Philippine law, copyright subsists only in works authored by humans (IP Code, Sec. 172). Thus, works generated solely by an AI-powered humanoid robot may not enjoy copyright unless significant human authorship is involved.

This has major implications for OpenAI’s products, since their AI-driven robots may create works (e.g., generated art or music) that cannot be copyrighted in the Philippines unless attributed to a human collaborator.

OpenAI’s Partnerships and Future Plans

• Partnership with Ex-Apple Designer Jony Ive: A new line of AI devices is in development, but Altman noted prototypes may take years.
• Custom AI Chips & Quantum Computing: OpenAI is developing chips, possibly with Broadcom and TSMC, and investing in quantum computing to reduce AI training costs.
• Recruitment Drive: Job postings in robotics engineering confirm OpenAI’s push into hardware.

Conclusion

OpenAI’s trademark applications at IPOPHL are a strategic step to secure rights in the Philippines for future technologies like humanoid robots and smart jewelry. While these filings protect potential markets, actual use must be proven within IPOPHL deadlines to maintain validity.

In addition, copyright laws in the Philippines mean that AI-generated works from these robots may not be fully protected unless there is human authorship involved.

If you are considering filing similar trademarks in the Philippines, you may self-file, but engaging a professional IP agent like Brealant, Federis, or Hechanova can help avoid costly mistakes.

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