Guides9 min read

Trademark a company name in AI: costs, steps and SI risks

A step-by-step guide to trademarking an AI company name in the US and EU, with dated fees, examination times and the traps around "AI", "GPT" and "superintelligence". It also lists new SI filings and explains how .si domains and trademarks interact.

Shield with a lock surrounded by chips labeled USPTO, EUIPO and WIPO and a tag reading class 9 + 42

To trademark a company name, search for conflicts, file in the right classes (9 and 42 for most AI software) with the USPTO ($350 per class) or the EUIPO (€850 for one class), and expect months of examination. Descriptive words such as “AI”, “intelligence” or “superintelligence” are weak and are often disclaimed.

The phrase “how to trademark a name” draws about 11,000 US searches a month and 13,000 globally, and “trademark a company name” about 200 in the US and 400 globally (Ahrefs, October 5, 2026). The naming context shifted in September 2026. A September 19 post by President Trump floated “Superior Intelligence (SI)” as a name for AI. Executive Order 14434 of September 29 directed federal agencies to use “Super Intelligence” and “SI” in place of “Artificial Intelligence” and “AI”.

We checked every USPTO record cited here on October 5, 2026. This guide is general information, not legal advice: consult a trademark attorney before you file.

Trademark vs business name vs domain name

A trademark, a business name and a domain name are three separate registrations, and only the trademark protects the brand. Forming an LLC or buying the matching .com, .ai or .si name gives you no trademark rights.

A USPTO flyer defines a trade name as “simply the name of your business” and says you register it with your state. A trademark and a trade name can be the same word.

RegistrationWhat it isWhere you register itWhat it protectsCost (October 2026)
TrademarkA word or logo that identifies the source of goods or servicesUSPTO (US), EUIPO (EU); WIPO Madrid for several countriesThe mark, for the listed goods and services$350 per class (USPTO); €850 for one class (EUIPO)
Business nameThe name of your businessYour state (US)The company record, not the brandVaries by state
Domain nameA web address such as example.siA registrarThe address only; no trademark rights.si registry price €10 per year excl. VAT

How to trademark a company name, step by step

Clear the name first, then file in the right classes and answer the examiner. The USPTO splits the process into six stages, from deciding whether to apply to maintaining the registration.

Six-step trademark process for an AI company name: search, pick classes 9 and 42, file, examination, publication and maintenance, with search highlighted
The clearance search comes first; filing costs $350 per class at the USPTO, and maintenance falls in years 5–6 and every 10 years. Source: USPTO; EUIPO; WIPO.
  1. Run a clearance search. Search the USPTO’s Trademark Search system, which replaced TESS, and EUIPO’s TMview for national, EU and international marks. Add the WIPO Global Brand Database, and look for similar names, not only exact matches.
  2. Pick your classes. The class 9 heading includes “recorded and downloadable multimedia files, computer software”, and the class 42 heading ends with “design and development of computer hardware and software”. The class 42 notes also list SaaS. Use USPTO Trademark ID Manual wording to avoid surcharges.
  3. File in Trademark Center. The USPTO calls it the only way to apply, at $350 per class. US residents need no attorney, but foreign-domiciled applicants must use a US-licensed one.
  4. Respond to office actions. An examining attorney may raise objections. You have 3 months to respond, and a 3-month extension costs $125.
  5. Get through publication. In the US, any party who believes it may be damaged has 30 days from the publication date to oppose or to request more time. At the EUIPO, owners of earlier rights can oppose within 3 months of publication.
  6. Register or prove use. Use-based marks proceed to registration. Intent-to-use filings get a notice of allowance, then have 6 months to file a statement of use ($150 per class) or request an extension.
  7. Maintain the registration. File a Section 8 declaration between years 5 and 6, then combined Sections 8 and 9 every 10 years. An EU trademark lasts 10 years and can be renewed indefinitely.

Surcharges also cost time. In April–June 2026, the USPTO approved 36.0% of stand-alone base applications on the first action, against 10.6% of applications with surcharges (USPTO dashboard).

Costs and timelines: USPTO, EUIPO and WIPO

A US filing for an AI product in classes 9 and 42 starts at $700 in government fees, before surcharges or attorney fees. At the EUIPO, the same two classes cost €900: €850 for the first and €50 for the second.

OfficeItemFee or timeEffective date or period
USPTOBase application in Trademark Center, per class$350Since January 2025
USPTOInsufficient information surcharge, per class$100Since January 2025
USPTOFree-form text instead of the ID Manual, per class$200Since January 2025
USPTOEach extra 1,000 characters of free-form text, per class$200Since January 2025
USPTOSections 8 and 15 (years 5–6), per class$575Since January 2025
USPTOSections 8 and 9 renewal (every 10 years), per class$650Since January 2025
USPTOAverage first action / total pendency4.2 / 9.8 monthsQ3 FY2026 (April–June 2026)
EUIPOEU trademark online: first class / second / each further class€850 / €50 / €150Fees page, checked October 5, 2026
EUIPOOpposition fee and window€320; 3 months after publicationChecked October 5, 2026
WIPOMadrid basic fee, black and white / colorCHF 653 / CHF 903In force since February 1, 2023

The USPTO’s FY2026 targets are a first action within 5 months and total pendency of 11 months or less. The April–June 2026 quarter beat both, down from 5.9 and 12 months a year earlier. The WIPO Madrid System adds a fee for each designated country, and its fees cover 10 years.

AI-specific traps: descriptive words and crowded names

The biggest risk specific to AI company names is a name that describes the product. Words such as “AI”, “GPT”, “intelligence” or “superintelligence” tell the examiner what the software does, so they make weak marks.

What the USPTO means by descriptive

Under TMEP §1209.01(b), “A mark is considered merely descriptive if it describes an ingredient, quality, characteristic, function, feature, purpose, or use of the specified goods or services”. A descriptive mark can reach the Principal Register only with proof of acquired distinctiveness under Section 2(f); otherwise it may qualify only for the Supplemental Register. The TMEP calls a generic term “the ultimate in descriptiveness” in §1209.01(c).

The GPT application

OpenAI OpCo, LLC filed GPT, serial 97733259, on December 27, 2022, in classes 9 and 42. The USPTO issued a final refusal on February 6, 2024. The refusal said the mark “merely describes a feature, function, or characteristic of applicant’s goods and services,” TechCrunch reported in a February 15, 2024 story.

OpenAI appealed the GPT refusal and requested reconsideration on August 6, 2024. A new non-final action followed on May 12, 2025, then a suspension letter on January 12, 2026. As of October 5, 2026, the GPT application is live and suspended, not registered.

Even SUPERINTELLIGENCE gets disclaimed

Under TMEP §1213, a disclaimer states that the applicant or registrant claims no exclusive right to use a specified element of the mark. Safe Superintelligence Inc. disclaimed “SUPERINTELLIGENCE” in its SAFE SUPERINTELLIGENCE application (serial 99187873). SUPERINTELLIGENCE BY IQ COMPANY, registered on April 28, 2026 as Reg. 8231198, disclaims both “SUPERINTELLIGENCE” and “COMPANY”.

Treatment varies: MATHEMATICAL SUPERINTELLIGENCE (serial 98915236) disclaims only “MATHEMATICAL”. Our Trademark Search check on October 5, 2026 found 38 records with “SUPERINTELLIGENCE” in the wordmark, 23 of them in classes 9 or 42. Another 10 records use “SUPER INTELLIGENCE”.

Fame does not clear a crowded name

Large AI companies lose naming fights too. In June 2025, new USPTO refusals of xAI’s XAI GROK and GROK logo applications cited 6 registrations and 22 pending applications, according to Gerben Law.

NamePartiesKey datesStatus as reported (checked October 5, 2026)Source
GPTOpenAI and the USPTOFinal refusal February 6, 2024Application live, suspendedUSPTO TSDR; TechCrunch
GROKxAI and the USPTORefused May 9, 2024; new refusals June 17, 2025June 2025 refusals of XAI GROK and GROK logo filings cite 28 prior marks and applicationsGerben Law
io vs iyOIYO Inc. v. IO Products and OpenAITRO June 2025; Ninth Circuit affirmed December 2025; preliminary injunction April 2026OpenAI barred from using “io” for AI devicesIPWatchdog; Bloomberg Law
CameoBaron App (Cameo) v. OpenAISuit October 2025; preliminary injunction February 2026; appeal dropped April 2026Injunction bars OpenAI from using “Cameo” for Sora features; the feature had already been renamed “Characters”Bloomberg Government
PerplexityPerplexity Solved Solutions v. Perplexity AISuit January 2025; dismissed October 2025Dismissed with prejudice after the plaintiff failed to retain counsel, not on the meritsBloomberg Law
KeplerNew Generation (TryKepler.ai) v. Keru AI (GetKepler.ai)Filed July 2026PendingDomain Name Wire

SI and superintelligence names after the rename

New USPTO applications built on “SI” or “SUPERINTELLIGENCE” appeared within days of the September 2026 rename. Public records show at least three filed between September 30 and October 4, 2026, all awaiting examination.

MarkSerialOwnerFiledClassesStatus (October 5, 2026)
SUPERINTELLIGENCE SYSTEMS50137337An individual applicantSeptember 30, 202642Awaiting examination
SUPERGROK SI50143573Elon R. Musk (individual)October 4, 202642Awaiting examination
FORWARD EDGE-SI50143735Forward Edge-AI, Inc.October 4, 20269, 35, 42Awaiting examination

The Trademark Search index lags a few days behind filings, so early October applications may be missing.

Two ARTIFICIAL SUPER INTELLIGENCE applications by one owner (serials 99325622 and 99350303) date from August 2025, and the USPTO noted on October 1, 2026 that 99325622 remains suspended. ENGINEERING SUPERINTELLIGENCE (serial 99520768, Geminus.ai, Inc.) has had an opposition pending since August 26, 2026.

The two letters alone are crowded. Our check found 153 live records with the token “SI” in classes 9 and 42, mostly unrelated to AI, such as Quantum-Si. If you build a brand on what SI stands for, search the abbreviation and both spellings of the full word.

Domains and trademarks: .si, .ai and disputes

A domain is not a trademark. The USPTO says registering a domain name “doesn’t give you any trademark rights”, whether the name ends in .com, .ai or .si.

.si is Slovenia’s country-code domain. For AI companies it reads as SuperIntelligence. That reading is our framing, not an official meaning, and Executive Order 14434 does not concern the .si registry.

The bigger risk is losing a domain that collides with someone’s mark. Generic domains such as .com use the UDRP, while .si disputes go to ARDS at Register.si.

AspectUDRP (generic domains such as .com)ARDS (.si, Register.si)
Which rights countA trademark or service mark in which the complainant has rightsA trademark valid in Slovenia, a company name in the Slovenian court register, or another right recognized in Slovenia
Bad faith testRegistered and being used in bad faithRegistered or being used in bad faith
ElementsAll three must be provenAll three, cumulatively

The UDRP requires a domain that was registered and is being used in bad faith. The ARDS rules for .si domains require one that was registered or is being used in bad faith. A complaint decided by a single arbiter costs €700 incl. VAT for one to five domains.

In a notice dated September 24, 2026, Register.si urged brand owners to act: “Vsekakor pa svetujemo nosilcem blagovnih znamk, sloganov, firm, …, ki še nimajo domene pod .si, da jo čimprej registrirajo”. Our translation: “In any case, we advise holders of trademarks, slogans, company names, etc. that do not yet have a .si domain to register one as soon as possible”.

Before you buy a .si name, check the word in TMview and the USPTO search and run a domain history check. If the name is already registered, our guide on how to buy a taken domain covers legitimate routes. The .si domain guide covers rules, prices and registrars. Disclosure: buysidomains.si sells .si names, so run your own trademark checks.

Which filing route fits your AI company

Choose the office by market, then focus on the name. A distinctive word with “AI” or “SI” as a descriptor is easier to protect than a name built only from those words.

  • US-first product: file at the USPTO in classes 9 and 42, from $700 in government fees.
  • EU-first product: file an EU trademark, €900 for two classes.
  • Several markets: compare national filings with the WIPO Madrid System (CHF 653 basic fee plus country fees).
  • Domains: clear the trademark before paying for a premium domain.

Before you file or buy, test the name’s strength with our notes on brandable domains and consult a trademark attorney.

Frequently asked questions

How much does it cost to trademark a company name?

At the USPTO, trademarking a company name costs $350 per class in government fees through Trademark Center, so an AI company filing in classes 9 and 42 pays $700. Surcharges add $100 or $200 per class when the description is incomplete or written as free-form text. At the EUIPO, one class costs €850 online and a second class €50. Attorney fees come on top of these official fees.

Is it worth trademarking a company name?

For most AI startups, trademarking a company name is worth it when the name is distinctive. A USPTO filing starts at $350 per class, and disputes such as io vs iyO and Cameo show that even large AI companies can be forced to drop a name. The USPTO says descriptive names often are not federally registrable, so run a clearance search before you file or spend on branding.

Do I need an LLC to trademark a name?

No, you do not need an LLC to trademark a name, and an individual can apply. Under TMEP §803.01, the application must be filed by the owner of the mark or, for an intent-to-use filing, by the person with a bona fide intention to use it. File in the name of whoever will own and use the mark, because an application filed by someone who is not the owner is void.

Can I trademark the word superintelligence?

You can apply to trademark the word superintelligence, but descriptiveness is the main hurdle for AI software: the USPTO treats a word that describes a feature or function of the goods as merely descriptive. Safe Superintelligence Inc. disclaimed SUPERINTELLIGENCE in application 99187873, and registered mark 8231198 disclaims it too. Our USPTO check on October 5, 2026 found 38 records with the word. Consult a trademark attorney before filing.

Does owning the .si domain give me trademark rights?

No. Owning a .si domain gives you no trademark rights, and the USPTO says the same of any domain registration. The risk runs the other way. Under Register.si's ARDS rules, a .si domain can be deleted or transferred if it is identical or confusingly similar to the complainant's trademark valid in Slovenia or another protected right, the holder has no legally recognized interest in it, and it was registered or is being used in bad faith. A complaint decided by a single arbiter costs €700 incl. VAT for one to five domains.

Sources

  1. USPTO fee schedule — USPTO
  2. Trademark process — USPTO
  3. Trademarks data dashboard — USPTO
  4. Trademark Manual of Examining Procedure (TMEP) — USPTO
  5. TSDR record: GPT, serial 97733259 — USPTO
  6. No GPT trademark for OpenAI — TechCrunch
  7. Fees and payments — EUIPO
  8. Madrid System schedule of fees — WIPO
  9. Uniform Domain Name Dispute Resolution Policy — ICANN
  10. Pravila ARDS — Register.si
  11. Pristojbine ARDS — Register.si
  12. Število domen pod .si preseglo 200.000 — Register.si