Apple have failed in their efforts to trademark the term ‘multi touch’. The US Patent and TradeMark Office has rejected their claims for ownership.
The USPTO Trademark Trial and Appeal Board have issued an indepth 18 page review of the Apple appeal. They concluded with this statement “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 review offers arguments ‘for’ and ‘against’ the claims explaining that multi touch covers a vast array of subjects, such as zooming, scrolling and swiping.
Apple claimed that the trademarking debate was based around their iPhone, which offers a sophisticated multi touch system. The Appeal board said “”As the examining attorney correctly pointed out, the applied-for mark is not iPhone, it is multi-touch.”
This claim follows the ongoing battle for the use of ‘app store’. A judge has not granted Apple an injunction to stop Amazon from using the term ‘AppStore’ however the case is not closed.
Kitguru says: The final decision in this particular case is due to be ruled later this year.