Apple Denied 'Multi-Touch' Trademark

The Trademark Trial and Appeal Board of the United States Patent and Trademark Office has denied Apple's appeal to register a trademark for the term 'Multi-touch', reports MacRumors.

Apple originally applied for the trademark on January 9th, 2007, the same day the iPhone was introduced. That application was denied by a lawyer for the USPTO. Apple then appealed to the Trademark Trial and Appeal Board.

In its decision to deny the registration the board said...


Simply put, the record contains little direct or circumstantial evidence that purchasers of applicant's goods view MULTI-TOUCH as a distinctive source indicator for applicant's goods.Clearly, MULTI-TOUCH is not the primary mark for applicant's goods, and it is not apparent from the material submitted by applicant to what extent MULTI-TOUCH has made an impression on purchasers as a source indicator for applicant's goods.

Thus, in view of the foregoing, and given the highly descriptive nature of the designation MULTI-TOUCH, we would need substantially more evidence (especially in the form of direct evidence from customers) than what applicant has submitted in order to find that the designation has become distinctive of applicant's services.
In re Lens.com Inc.,83 USPQ2d 1444 (TTAB 2007). Again, simply because the applied-for term has been used in association with a highly successful product does not mean the term has acquired distinctiveness.

Apple is also trying to register the very generic term 'App Store' and has threatened and sued other companies including Amazon for using the term. Microsoft, HTC, Nokia, Amazon, and Sony have taken steps to oppose the application.

Read More [via MacRumors]