This comes via 9-to-5 Mac, the USPTO has denied Apple’s trademark application for the “Multi-Touch” mark. Although the mark is clearly descriptive, Apple argued it had acquired secondary meaning, and thus, was entitled to registration. The USPTO held that:
Again, simply because the applied-for term has been used in association with a highly successful product does not mean the term has acquired distinctiveness. Decision: The examining attorney’s finding that the Section 2(f) showing is insufficient is affirmed.
In other words, what the USPTO is saying is that while a consumer knows that Apple’s products have the “multi-touch” feature, they could just as well see it on a competing product and not associate it with Apple. My money is that Apple might appeal this even higher, but in the meantime, here is the decision from the USPTO.
