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Apple can't get "multi-touch" trademark

by Michael Grothaus Sep 26th 2011 at 8:01PM

Apple has been denied a trademark for the term "multi-touch," reports MacRumors. Apple originally applied for the trademark on January 9, 2007, just one day before the first iPhone was introduced.

The United States Patent and Trademark Office denied the initial trademark application, but per USPTO rules, Apple was able to appeal the original ruling. However, the USPTO's Trademark Trial and Appeal Board has now upheld the initial ruling.

The USPTO's trademark attorney pointed out that "multitouch" has become such a generic term used in myriad devices besides Apple's iPhone and iPads. As noted by MacRumors, there are several factors that determine if a name, or "mark," has the "acquired distinctiveness" which would allow a company to receive a trademark on it. Those include a mark's length and exclusivity of use and the company's advertising expenditures promoting that mark.

The lack of a trademark for "multi-touch" will in no way affect how Apple can advertise their devices; it simply means that Apple can't claim trademark infringement if others advertise "multi-touch" technology in their devices.



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Apple has been denied a trademark for the term "multi-touch," reports MacRumors. Apple originally applied for the trademark on January 9,...
 

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trevorde

Steve's not going to like that

September 27 2011 at 8:51 AM Report abuse rate up rate down Reply
Wheat Williams

In the 1980s and 1990s, Apple had an opportunity to trademark the term "plug and play" but failed. I'm sure it smarted when Windows 95 came out touting "plug and play" as if it were a brand-new concept Microsoft had invented. In fact most of the public thought that it was a brand-new concept that Microsoft invented.

Oh, well.

September 27 2011 at 8:17 AM Report abuse +1 rate up rate down Reply
Oscar Goldman

They actually denied something? Incredible. Maybe some of the common sense from the trademark division will leak over to the patent office.

But probably not, and it's too late for many things anyway. Pathetic.

September 27 2011 at 3:51 AM Report abuse +1 rate up rate down Reply
Alex

That is BS, Apple invented it so they should get the patent. Just because everyone now copied them doesn´t give them the right? Without apple we would still all be using nokia phones

September 27 2011 at 3:49 AM Report abuse rate up rate down Reply
VanillaSpice

Now this is silly.

Basically, what happens now is - if Apple's competitors see Apple using a term (say, oh, I don't know, "multitouch" or "App Store") then they immediately start using it also, and due to USPTO rules, that means that phrase can not be trademarked, because the competitors have already deliberately eroded any potential for acquired distinctiveness.

And a mark cannot acquire distinctiveness if it is secret and unused!

I hope Apple does not take this lying down. I hope they launch a product called "Galaxy", and a service called "Droid". Heck, they should launch their own "Android Market" just to make sure that Google cannot get a trademark on that (fair's fair, right?)

September 27 2011 at 1:04 AM Report abuse rate up rate down Reply
mguniverse

Apple has the multitouch trademark.
http://www.youtube.com/watch?v=8JZBLjxPBUU

September 27 2011 at 12:35 AM Report abuse rate up rate down Reply
macserv

Coming soon: A slew of ads for various Android-based tablets and handhelds with the term "multi-touch" being spewed every seven seconds. ;)

September 27 2011 at 12:29 AM Report abuse rate up rate down Reply
Tetas

I think I agree with that decision. Enough with trademarking everything.

September 26 2011 at 11:53 PM Report abuse rate up rate down Reply
mguniverse

http://www.youtube.com/watch?v=8JZBLjxPBUU

September 26 2011 at 11:39 PM Report abuse rate up rate down Reply
waitWHAT

So if I understand this correctly, the USPTO won't grant Apple a trademark on the term "multi-touch" because they took so long to review the application that it became generic as all their "competitors" hijacked the term to describe their copycat devices?

September 26 2011 at 11:28 PM Report abuse +1 rate up rate down Reply
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