The United States Patent & Trademark Office (USPTO) recently handed down a decision denying Apple the trademark on the term Multi-Touch, reports MacRumors, which Apple applied for on January 9, 2007 alongside their introduction of the original iPhone.
A USPTO lawyer initially denied the application, after which Apple filed an appeal to the Appeal Board. The board upheld the decision refusing to grand the trademark to Apple, citing that the term “multitouch” has now taken on a generic meaning, being used by various publications to describe how touch screens work on Android devices and other tablets, phones & 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.
It’s a bit of an odd thing to say, especially since the term multi-touch did not fall into broad usage until after Apple popularized the term with the original iPhone. Still, the decision is binding. Perhaps Samsung’s equally obvious patents on wireless technologies will see a similar fate.
The full decision can be read over at Scribd.
