Apple Denied Multi-Touch Trademark [USPTO Denies Granting Multi-Touch Trademark to Apple, Saying The Term is Too Generic]

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Apple may have been one of the first computer and handset makers to heavily market multi-touch technology in their devices. The US Patent and Trademark Office doesn’t think they deserve to own the “multi-touch” trademark, though.

Apple applied to trademark the term “multi-touch” when they first launched the first-generation iPhone in January 2007. However, the examining attorney for the USPTO found that the term was too generic, and was already being used by other products and in the media to describe interfaces that support multiple touch inputs. As such, the application was denied.

Apple appealed with the Appeal Board, which, however, upheld the earlier decision to deny the trademark. In its decision, the Appeal Board says that terms that have a great degree of descriptiveness will entail a heavier burden of proof that it has “attained secondary meaning.” This means that multi-touch, being highly descriptive of the actual activity it entails, will be harder to trademark.

[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.

A company may actually prove that they have exerted enough effort or spent enough marketing money through a period of time to “acquire distinctiveness” over a name or mark. However, Apple has failed to prove these. With the trademark application being denied, other companies can legally use the term in describing their products or product features and specs.

However, this does not preclude the actual technologies being described by the trademark application as being owned by a company. For instance, Apple was granted several touchscreen patents relating to multi-touch. But it doesn’t mean the can charge or sue anyone from using the term in their devices (as opposed to the actual technology). At the very least, they cannot add a “TM” or “R” logo beside “multi-touch”, which would denote that they own the term.

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