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Apple Denied Trademark for Multi-Touch

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In a decision handed down by the Trademark Trial and Appeal Board at the United States Patent and Trademark Office (USPTO), Apple has been denied an application for a trademark on Multi-Touch. Apple originally applied for the trademark on January 9, 2007, the day the iPhone was introduced.

A lawyer for the USPTO denied Apple's initial trademark application and the company appealed to the Appeal Board. The board upheld the initial refusal to grant the trademark.

For trademarks, "the greater the degree of descriptiveness the term has, the heavier the burden to prove it has attained secondary meaning." The trademark attorney pointed out that the term "multitouch" has taken on generic meaning, being used by a wide variety of publications to describe the touchscreen technology on Android phones, tablets, and notebooks.
Thus, from the foregoing, we find that "multi-touch" not only identifies the technology, but also describes how a user of the goods operates the device. Based on the evidence discussed above, as well as other evidence in the record, we agree with the examining attorney that MULTI-TOUCH indeed is highly descriptive of a feature of the identified goods. We now consider whether applicant has submitted sufficient evidence to establish acquired distinctiveness of this highly descriptive term.
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There is a list of items that can determine if a mark has "acquired distinctiveness", including sales success, length and exclusivity of use, and advertising expenditures. The board ruled that Apple has not met the burden to be granted a trademark on multi-touch.

We've posted the full decision to Scribd.

Article Link: Apple Denied Trademark for Multi-Touch
 
Article Link
https://www.macrumors.com/2011/09/26/apple-denied-trademark-for-multi-touch/
Last edited by a moderator:
chrmjenkins

chrmjenkins

macrumors 603
Oct 29, 2007
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The right decision. You shouldn't be able to trademark the name of a commonly used technology in your field.
 
M

mbarriault

macrumors regular
Dec 3, 2008
109
0
While I agree that "Multi-Touch" shouldn't be trademarkable, they cited the broad scope of use as a reason why. Was the term in broad use before the iPhone came around? I don't recall.
 
A

aohus

macrumors 68000
Apr 4, 2010
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sky
in other news, God sends a C&D letter to Apple Inc to stop infringing on his invention, the fruit we call Apple.
 
Slix

Slix

macrumors 65816
Mar 24, 2010
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I had never heard of the term used before this, with the exception of it being used in Apple laptops. It wasn't in wide-use before the iPhone.
 
A

aohus

macrumors 68000
Apr 4, 2010
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chrono1081 said:
I'm glad this trademark got denied. Its too common of a word for it to be trademarked.
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still, the fact that Apple went as far as to try to trademark 'multitouch' is pathetic.

after innovation, Apple's second priority is clearly lawyers, the best lawyers.
 
*LTD*

*LTD*

macrumors G4
Feb 5, 2009
10,703
1
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Apple should have applied for this well before 2007. But you can only be so prescient. The term has since achieved a level of generic use that it's too late. Hindsight is 20/20, though.

aohus said:
still, the fact that Apple went as far as to try to trademark 'multitouch' is pathetic.
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No, it's damn smart. Apple should attempt to trademark as many terms relating to mobile as possible (so should others.) Some of them Apple will actually get and they'll be able to wield it later.

Some of the attempts won't pan out, like "App Store." You won't win every trademark application. Apple loses nothing in trying, as long as the claim is examined on its own merits and is done so without prejudice (which is expected, anyway.)
 
K

KPOM

macrumors P6
Oct 23, 2010
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I can see the logic, but at the same time, Microsoft has a trademark for "Windows" so it isn't always clear when common or descriptive terms are eligible for trademarks. Of course, it works the other way, too. "Escalator" was once a trademark.
 
F

Formul

macrumors member
Jan 29, 2010
99
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Czech Republic
While i agree it shouldn't be a trademark of Apple, refusing it because Android phones and tablets are using the term is borderline stupid ... there was no Android or any other consumer device using multi-touch back in Jan 2007.
 
wikus

wikus

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Jun 1, 2011
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Planet earth.
Formul said:
While i agree it shouldn't be a trademark of Apple, refusing it because Android phones and tablets are using the term is borderline stupid ... there was no Android or any other consumer device using multi-touch back in Jan 2007.
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There actually were devices that used multitouch long before 2007. Also, apple did NOT invent multitouch.

I've noticed an ongoing trend in the mac community and its that apple is responsible for all inventions and they are always the first to do something.... factually not the case.
 
Oletros

Oletros

macrumors 603
Jul 27, 2009
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KPOM said:
I can see the logic, but at the same time, Microsoft has a trademark for "Windows" so it isn't always clear when common or descriptive terms are eligible for trademarks. Of course, it works the other way, too. "Escalator" was once a trademark.
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Microsoft trademark is not for windows, a great difference
 
rdowns

rdowns

macrumors Penryn
Jul 11, 2003
27,397
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aohus said:
still, the fact that Apple went as far as to try to trademark 'multitouch' is pathetic.

after innovation, Apple's second priority is clearly lawyers, the best lawyers.
Click to expand...

And there's a reason you're posting in a tech forum and not making business decisions for Apple. To not try and trademark it would have been pathetic. Don't fault Apple for playing the game, they didn't make up the rules.


wikus said:
99% sure s/he won't have a heart attack. Not sure why you'd question a joke though.
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Because it wasn't funny.
 
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