Who Owns the Name and Trademark CoPilot?

Normally when I am asked questions like this, my first point of reference is the Federal Trademark of the country in question, or the International Trademark Directory for large international companies. However, in this case, I was immediately overwhelmed by all sorts of CoPilot trademark filings from around the world, even when I restricted searches to technical categories, software and online services. Moreover, many of these were AI related – not to mention GPS navigation via software, instruments, vehicles or other online services, as well as medical assists.

One filing jumped out right away: Microsoft had filed an Express Cancellation in 2023 of their trademark application on the name CoPilot. Such legal action is very unusual, especially for a company with a big team of IP lawyers who do proper due diligence before any registered trademark filing. Did they miss something? Did their marketing team change their mind like Google stopped using Bard and switched to Gemini? Or did someone else threaten them with a ‘cease and desist’ order? We will never know. However, today Microsoft is using the name extensively while they are careful to never claim trademark rights in the name. Notice it never has a TM next to the name, let alone the magic ® . And it is not on their list of current Microsoft Trademarks.

But when I wander over to Salesforce, the original SaaS company (and now a mega big Corp), I see I am invited to use and visit CoPilot too!  Admittedly, their full name seems to be Einstein CoPilot but they are fairly liberal in using the two parts of the name separately.

So, if I am to develop the next exciting AI application, I will probably need some help from GitHub to speed things up. Whoops! – first thing I see is Github CoPilot, The world’s most widely adopted AI developer tool.

To be very specific, I visited CopilotAI.com and found a top team of Canadian AI researchers from Cassia Research Inc. After finding many other CoPilot companies and applications – I gave up. 

At this stage my head is starting to spin. Looks like some trademark holders are desperately trying to hold on to their rights in the name, while others are using it liberally and probably getting ready to ask the US and EU trademark bodies to declare it generic.

So if you are thinking of using the name CoPilot, even in conjunction with some other word, my suggestion is:  Don’t!    A different name will surely save you a lot of headaches.

A great name that is widely used, but a very weak trademark, will never help you cut through the noise unless you have a very big marketing budget.

PS And be very careful of using the name Einstein else IBM or Salesforce might be after you too.

Note: Einstein’s popular image rights are still protected by his estate if you are thinking graphics.