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The patent office denies Apple's application to trademark the term "multi-touch"

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The patent office denies Apple's application to trademark the term
The United States Patent and Trademark Office (USPTO) has denied Apple's appeal to receive a trademark over the term "multi-touch", saying that it is too descriptive for that. Apple filed the request right after the first iPhone was introduced, hoping to patent one of the selling points in its marketing campaign for the device.

The initial filing received a negative answer, and Cupertino's lawyers appealed, and were shot down again now, with the USPTO lawyers who reviewed the appeal saying that the term "multitouch" has become too generic and applicable to a wide variety of gizmos, while Apple's filing is for a term which is descriptive above all else. "The greater the degree of descriptiveness the term has, the heavier the burden to prove it has attained secondary meaning", say the USPTO guidelines. The patent office's actual statement is:

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.


This "distinctiveness" is determined through a variety of metrics such as sales, marketing expenses, exclusivity, and so on. Based on those different criteria the USPTO has determined that Apple can't claim exclusive rights over the term "Multi-Touch".

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141 Comments

1. superguy posted on 27 Sep 2011, 08:28 12

USPTO got it right. ^

That's as dumb as Intel trying to trademark "i".

5. TKFox007 posted on 27 Sep 2011, 08:49 2

Last year Apple tried to trademark the letter "i" too

6. warrenellis posted on 27 Sep 2011, 08:50 1

apple already trademarked the i i think. no more i's for anybody else

2. ivanko34 posted on 27 Sep 2011, 08:39 10 3

Have they succeeded to trademark 'iSheep' ?

3. AhmadAlsayegh posted on 27 Sep 2011, 08:44

edit edit

7. ilia1986 posted on 27 Sep 2011, 08:52 14 3

DID YOU HEAR THAT, TACO? MIZ? Gallitoking? Gemini? Any other idiotic iSheep licking their iJoke obsessively?

Where's Crapple's innovation now, huh?

40% vs 28% market share in the US in favor of ANDROID

2 vs 1 people are going to upgrade to ANDROID

iOS 5 ripped several features out of ANDROID.

Apple crying because Samsung intends to ban the iPhone and the iPad in the US based on 3G patent infringement.

It's an ANDROID World. A FREE world. And a GOOD - not EVIL world.

12. roldefol posted on 27 Sep 2011, 09:05 4

When you're #1, you don't need to gloat.

40. AppleFanboy posted on 27 Sep 2011, 10:49 8

Yeah and most of them are changing OS after using an Android you idiot, here, so something useful for a change and read this:
http://www.phonearena.com/news/The-iPhones-89-retention-rate-crushes-rivals_id22373

64. GALAXY-S posted on 27 Sep 2011, 11:24 4 3

dude your such a troll!

74. taco50 posted on 27 Sep 2011, 11:35 4 6

You're going to call him a troll after ilia's ridiculous troll post that had nothing to do with the article?

84. remixfa posted on 27 Sep 2011, 11:48 7 3

he is a troll because like most iDiot iFans, he lacks reading comprehension

the article he posted has nothing to do with OS and everything to do with manufacturer.

86. AppleFanboy posted on 27 Sep 2011, 11:53 1 4

idiot.....maybe you should've seen ilia's response, which my post was in reference to....tools these days man...

87. GALAXY-S posted on 27 Sep 2011, 12:00 4

all i notice in your postings is the word "idiot" is that all you know how to say??
the rest of your post is just jibberish

83. Sniggly posted on 27 Sep 2011, 11:46 10

Yes, because a survey of 550 people with no qualifications about who was actually a user of each OS. 89 percent of 10 people is still only 9 people.

We get that people who get iPhones love their iPhones and would never consider anything different. We also get that people get iPhone envy because Android is not a status symbol in the same way a Mac or an iPhone is.

It's like how Lincolns and Caddies are just fine, and lovely luxury cars, but since they aren't quite the status symbol that Euro luxos are, they don't get the same respect.

Also why older luxury cars have such a drop off in resale value, because an older, used luxury car isn't a status symbol until it becomes so old that the only way to get and maintain one is to spend a lot more money than on a new luxury car. Used and "commonplace" luxury cars just aren't status symbols. Neither is Android.

85. AppleFanboy posted on 27 Sep 2011, 11:51 2 6

Hey Sniggly, where you been at man, I haven't had any intellectual responses lately with all the tools going around posting dumb $hit lol, I mean, who calls themselves Galaxy-S do you even have one?? lmao

89. GALAXY-S posted on 27 Sep 2011, 12:02 5

whooaa!! intellectual is such a big word for you!! im suprised the word idiot is not in this comment ;0

.. yea i dont have a galaxy anymore but im sticking to the name, theres no need to change it isheep

95. AppleFanboy posted on 27 Sep 2011, 12:11 1 4

Lol you are an idiot bro, shut up before I slap you in the face with my sword....

103. Sniggly posted on 27 Sep 2011, 12:37 2 1

Ha, AppleFanboy, how are you? I've been busy with family obligations and getting a job interview scheduled, though I've kinda been around. Now play nice with the other kids or I'll have to put you in a time out. :D

And I'm so embarrassed. I didn't finish the thought I started in my first paragraph up there. I meant to say that a survey with blah blah blah is such a reliable source to judge where the movement between OSes is going to head.

90. GALAXY-S posted on 27 Sep 2011, 12:04 4

Great comparison sniggly! but i doubt theses isheep will understand it

101. ilia1986 posted on 27 Sep 2011, 12:25 6 2

Actually, Sniggly I believe that Android IS a status symbol. It radiates intelligence for a person who owns an Android device has been intelligent enough to both resist the Apple propaganda, AND to understand that it is better to have a phone of your own - which you can customize (even without rooting) - than a cookie-cutter phone which a lot of DIFFERENT people have - yet it still looks THE SAME.

iPhone is like McDonalds - when it first came out - everyone was hysterical about it - and ignored the DAMAGE it caused to one self. Nowadays, people are much more conscious about their food - and will refuse to eat only McDonald's fast food, seeing as there are a lot of alternatives.

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