Although multi-touch devices existed prior to the iPhone, few of them have made the impact that Apple’s handset has. Unfortunately, that isn’t enough to satisfy the United States Patent and Trademark Office, who has denied Cupertino’s application for a trademark on the term.
MacRumors is reporting that the United States Patent and Trademark Office (USPTO) has turned down Apple’s application for a trademark on the term “multi-touch,” which the company first applied for back on January 9, 2007 -- the same day that the original iPhone was finally unveiled for the public.
This is actually Apple’s second denial -- the first came when a lawyer for the USPTO denied the initial trademark application, which sent Cupertino back to the drawing boards with the Trademark Trial and Appeal Board. This week’s decision denies the appeal, meaning Apple can’t claim the term “multi-touch” as exclusive to their products -- nor seek financial compensation from others who might use it to sell their own.
“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,” the appeals ruling reads. “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.”
MacRumors explains "the greater the degree of descriptiveness the term has, the heavier the burden to prove it has attained secondary meaning” where trademarks are concerned. Unfortunately for Apple, the term “multi-touch” has become a generic term utilized by many different touchscreen technologies and therefore lacks “acquired distinctiveness.”
The full decision can be found on MacRumors’ Scribd account for those looking to see the nitty-gritty on how our trademark process works.
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