Apple Unable to Trademark the Term "Multi-Touch"
Apple Unable to Trademark the Term "Multi-Touch"
Posted 09/27/2011 at 8:13am
| by Paul Lilly
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Believe it or not common sense actually wins out from time to time in our legal system, including the convoluted mess known as patent and trademark law. In fact, it happened this week as the United States Patent and Trademark Office (USPTO) essentially told Apple it's off its rocker for trying to trademark the term "multi-touch" and denied the Cupertino company's application trying to do exactly that.
Of course the USPTO was a bit more diplomatic about its rejection and less colorful in its word choice, but the point remains. Multi-touch is too general a term for Apple or anyone else to trademark. That didn't stop the company from trying, which argued that "multi-touch identifies how the interactive surface of the kind used on" Apple's products operate, according to a court document MacRumors uploaded to Scribd. It appears Apple was trying to put itself in position to sue handset makers using the term multi-touch, three of which were mentioned in the filing. The USPTO didn't bite Apple's argument.
"We find that 'multi-touch' not only identifies the technology, but also describes how a user of the goods operates the device," the USPTO wrote in its decision. "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."
The USPTO later went to acknowledge that the iPhone has sold like gangbusters, but that alone doesn't necessarily prove the purchasing public associates multi-touch with Apple.
"Simply because the applied-for term has been used in association with a highly successful product does not mean the term has acquired distinctiveness," the USPTO concluded.
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QuadraQ
September 28, 2011 at 3:13pm
Can't blame them for trying, but this was obviously silly. Good call.
Archangel1976
September 27, 2011 at 3:32pm
Dear Apple,
Stop being stupid. Go make money creating new products and selling them on their own merits and the support that you give those devices. You know, like how you started with the iPod. That went nicely. Worked great. Clean, simple design. Great support with iTunes.
Stop trying to make money by suing other companies. I think I remember at one time, you guys were struggling to get by and needed our (the government, which is our collective representative) help to survive when Microsoft and other companies tried to crush you into oblivion. We helped you stay alive because of .... wait for it.... competition being necessary.
Now, you waste our money pushing forward lawsuits and stupid patent filings. When you lose these battles, you have often have to pay other companies, or at least pay your lawyers. When you win, you still end up paying your lawyers. And due to this "increase of cost of business", you pass the burden of these costs on to us..... your customers.
This, plus many other things you do, makes you not only seem ignorant, but arrogant. Not a great combination for anyone, much less a "leader of industry". You've drifted away from being perceived as a "friendly" company, one which was altruistic and forward thinking, a humanitarian, and have become looked at as "Darth Vader in White Armor".
We still see a place for you in the market, and believe you bring something to the table of society. Thank you for that. Now cease and desist the douchebaggery and be a productive member of society again instead of the bloated, greedy, whiny corporation which you've become.
With love,
Former Apple Customers
acidic
September 27, 2011 at 4:22pm
i have never owned an apple product and never will but reading your post almost brought a tear to my eye. its beautiful. like ive said before the old saying has changed with this time of patent/trademark wars from "if you cant beat them, join them" to apples version of "if you cant beat them, sue them into bankruptcy"
Engelsstaub
September 27, 2011 at 2:02pm
That's good. Apple's lawyers don't need to trademark words common to the English language.
...just because Paris Hilton did with "that's hot."
don2041
September 27, 2011 at 10:54am
Apple tried this on the advice of their legal team Dewy, Screwem, & Howe. I think I saw these guys lurking around in Space Quest.
Coldrage
September 27, 2011 at 10:48am
Fuck you apple, I'm glad jobs has cancer.
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Caboose
September 27, 2011 at 3:22pm
Ok, that last line about Job is rather cold. If you never had to experience cancer first hand, or had a loved one go through it, its not something you ever want to wish upon someone.
Archangel1976
September 27, 2011 at 3:45pm
Yeah. Leave cancer out of it. Other than that, I pretty much endorse your message. ^_^
bling581
September 27, 2011 at 10:14am
Lame. Apple is ridiculous with the things it tries to trademark and patent.
chrisld85
September 27, 2011 at 10:02am
Maybe they should have labeled it "i touch" LOLOLOLOLOL! isheep sucks
Eoraptor
September 27, 2011 at 9:00am
Did I miss something? did Hell just freeze over? is that why my feet are so cold? Surely lawyers couldn't actually LOSE something like this in an official forum, right? [/sarcasm]
Ledoubleu
September 27, 2011 at 8:56am
Maybe they should try Moulty-touch, Multi-tutch or moletee-touch.
CaptainFabulous
September 27, 2011 at 8:48am
Next up, Apple will try to patent the words "smartphone", "tablet", and "computer".
chop_slap
November 25, 2011 at 8:23pm
Not to mention the 'crunch' sound an apple makes. That one is a gold mine.
acidic
September 27, 2011 at 8:20am
its about time someone denied apple something that is so generic in meaning yet so broad in meaning at the same time. im sure they would have used it to continue their suing of any and everyone. we all know this isnt going to make them give up on it. im sure they will pay someone off to pass it just like they do every other time. all i can say is LLLLLOOOOOOOOOOOOOOOLLLLLLLLLLLL
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