Apple loses 'Multi-Touch' trademark bid
Summary
The U.S. Patent and Trademark Office ruled that "Multi-Touch" describes how users operate the device and doesn't deserve a trademark.
Topics
Apple's effort to trademark the term "Multi-Touch" in the United States has been denied. MacRumors posted the decision of the United States Patent and Trademark Office dated from last week, wherein the governing body denied Apple's application, saying that the term is merely descriptive of how people interact with its products.
"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," the filing from the USPTO's Trademark Trial and Appeal Board reads. "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."
The filing goes on to say that the evidence included by Apple in its trademark application focused more on the creation and marketing of iPhone hardware, as opposed to the Multi-Touch moniker.
For more on this story, read Apple denied trademark for 'Multi-Touch' in the U.S on CNET News.
Just In
Shoulda called it iTouch... or better yet: iiiTouch.
@dsf3g
What part of the patent/copyright fiasco is broken again?
What part of the patent/copyright fiasco is broken again?
ACTA's about to pass, having messed up copyright with the DMCA and nearly put the *AAs out of business with that DRM that could never work coupled to ISP immunity that's killing them.
Having messed up patents with TRIPS - make anything patentable by default and they act surprise that ever patent troll spams the patent office into just passing everything with a rubber stamp. Catastrophic.
Now they're about to pass ACTA, from the leaks it looks like another anti-democracy anti-competition dogfest.
So Apple loses a trademark on 'multi-touch', they still managed to get patents on gestures they copied, and stuff they simply buy in from third party suppliers.
They still managed to get a design patent on the rectangular slate.
Having messed up patents with TRIPS - make anything patentable by default and they act surprise that ever patent troll spams the patent office into just passing everything with a rubber stamp. Catastrophic.
Now they're about to pass ACTA, from the leaks it looks like another anti-democracy anti-competition dogfest.
So Apple loses a trademark on 'multi-touch', they still managed to get patents on gestures they copied, and stuff they simply buy in from third party suppliers.
They still managed to get a design patent on the rectangular slate.
Or maybe, they could have just called it Touch & sued all mobile-makers who require users to touch the screen.
probably have been denied for Touch. Although, you never know. Microsoft was able to get the word Windows trademarked.
They dont trademark it.
Apple is the one that tries to trademark common words like mutli touch and App ( short for application).
Apple is the one that tries to trademark common words like mutli touch and App ( short for application).
@baggins_z
its always in conjunction with 'operating system' or any other thing discribing its products. the actual word "windows" is not because that would be copyrighting common vernacular. same with apple.
its always in conjunction with 'operating system' or any other thing discribing its products. the actual word "windows" is not because that would be copyrighting common vernacular. same with apple.
@baggins_z Decision goes to...
jahcriado!
jahcriado!
Wrong. http://www.microsoft.com/about/legal/en/us/IntellectualProperty/Trademarks/EN-US.aspx
Scroll down the list. Trademarks are listed in alphabetical order. You will find the word Windows is a registered trademark.
Oh, and go to your local software store and take a look at Windows software box. You'll find the registered trademark is after the word Windows. Windows is the registered trademark. Now, do a google search and find the articles surrounding the controversy that erupted when MS applied for and was granted registered trademark status for the word.
Scroll down the list. Trademarks are listed in alphabetical order. You will find the word Windows is a registered trademark.
Oh, and go to your local software store and take a look at Windows software box. You'll find the registered trademark is after the word Windows. Windows is the registered trademark. Now, do a google search and find the articles surrounding the controversy that erupted when MS applied for and was granted registered trademark status for the word.
@baggins_z
Windows doesn't particularly or specifically describe the type of product, that's why they were allowed the trademark. Now, an actual manufacturer of glass windows couldn't get that trademarked and MS wouldn't be able to trademark "operating system" or "os" or "software". Whether or not you can get a trademark has nothing to do with common vernacular, but whether or not the trademark specifically or particularly describes that product. HTH
Windows doesn't particularly or specifically describe the type of product, that's why they were allowed the trademark. Now, an actual manufacturer of glass windows couldn't get that trademarked and MS wouldn't be able to trademark "operating system" or "os" or "software". Whether or not you can get a trademark has nothing to do with common vernacular, but whether or not the trademark specifically or particularly describes that product. HTH
You're talking to the wrong guy. I understand trademarks, their purpose and when and why common words can become trademarked. My comments were directed to the others in this post who thought it was absurd Apple would ever even be granted a trademark for multi-touch and were questioning Apple's morality for even pursuing such.
@baggins_z
Just as Ford can trademark "Mustang" for an automobile.
Microsoft lays no claim to owning "Windows" in reference to the product found in homes, or to any reference beyond software.
It just indicates that no one else can call their software offering "Windows", just as no other auto manufacturer may call their automobile "the Mustang".
And Apple did tradmark that word if refernce to consumer products.
Just as Ford can trademark "Mustang" for an automobile.
Microsoft lays no claim to owning "Windows" in reference to the product found in homes, or to any reference beyond software.
It just indicates that no one else can call their software offering "Windows", just as no other auto manufacturer may call their automobile "the Mustang".
And Apple did tradmark that word if refernce to consumer products.
Go look up how Microsoft sued "Lindows".
@baggins_z Go look up how Microsoft sued "Lindows".
@baggins_z
Keep in mind that it is "Windows" (with the upper case W), not "windows" (lower case W). One is a proper noun, the other is not.
Keep in mind that it is "Windows" (with the upper case W), not "windows" (lower case W). One is a proper noun, the other is not.
There's no way they can get this patent, Multi-Touch is implemented by the sensor in the display and those companies already have that functionality described in their sensors.
?? symbol after the word multi-touch is devastating to Apple. Or were you like Peter Perry and had your brain so locked into "patent" mode that your mind parsed t-r-a-d-e-m-a-r-k as p-a-t-e-n-t
@baggins_z
It is devastating to Apple based on lost opportunity cost. Had Apple been able to trademark this, it would have truly crushed all the other handset makers.
Now Apple cannot sue others for using the phrase "multi-touch" and that hurts.
It is devastating to Apple based on lost opportunity cost. Had Apple been able to trademark this, it would have truly crushed all the other handset makers.
Now Apple cannot sue others for using the phrase "multi-touch" and that hurts.
Shoulda called it iFinger. I can see the icon now.
since it would be in reference to multiple fingers being used.
Now, I'm going to make sure that I'm the first to the Patent office with the phrase "Multi-User". Then, I'm going to try to patent the phrase "Multi-processing".
If that works out, I'll then go for "double-take" and "double-dipping".
Now, I'm going to make sure that I'm the first to the Patent office with the phrase "Multi-User". Then, I'm going to try to patent the phrase "Multi-processing".
If that works out, I'll then go for "double-take" and "double-dipping".
@adornoe@... Like iMiddleFinger better!
@trm1945 Better trademark it while you can, LOL!
@ItsTheBottomLine
Takes one to know one.
Takes one to know one.
@The Linux Geek: All linux geeks have hairy palms... and go blind.
@willfordcr
Apparently you are blind...
Apparently you are blind...
@The Linux Geek
Here is a perfect example of E.T.D.M.I! (entirely to damn much information!)
Here is a perfect example of E.T.D.M.I! (entirely to damn much information!)
You have to admit, before the first iPhone, there was no way you could zoom in with two fingers by pinch on a blackberry or win phone... Thank Apple!!!
@Hasam1991
No, thank Bell Labs. They developed multitouch and had it working when the first Mac came out in 1984. http://www.billbuxton.com/multitouchOverview.html
No, thank Bell Labs. They developed multitouch and had it working when the first Mac came out in 1984. http://www.billbuxton.com/multitouchOverview.html
@Hasam1991 yes and instead of suing people they should be proud that others have recognised this - why does it always have to be about money!
i'd like to think that any technology allowing me to use more than one of my five fingers at any given time was IMPOSSIBLE to patent, whoever developed it
It is about time the US called a halt to stupidly wide patents and trademarks - companies should trade on the dependability and price of their products and their after sales service rather than branding or look and feel. Multi touch, touch screen and the like are things needed by nearly all new products and no one should ever be able to patent or trademark something so generic - whether they invent it or not! Apple used to trade on innovation and if that hasnt run out of steam they should stop worrying that people copy their designs - or maybe they are worried people will improve on them or make them available to mass markets through discount stores!
and reliably identify a company's "dependable and well priced" product without some form of unique identifying mark. Or did you think trademarking was something else?
@baggins_z
Oh you mean like the Beatle's Apple label? Or Cisco IOS? Or Linksys Iphone? or McIntosh (audio)?
They were all trademarked as well, before the rotten fruit bully got into the game.
Oh you mean like the Beatle's Apple label? Or Cisco IOS? Or Linksys Iphone? or McIntosh (audio)?
They were all trademarked as well, before the rotten fruit bully got into the game.
@baggins_z Put a picture of an iPhone or iPad anywhere and everyone knows what it is without stupid trademarks.
@cymru999 Agreed. Let the market decide. Not the courts. That is what capitalism is about. Too many dang lawyers with their dirty fingers in everything and everywhere.
it appears a few of you are confusing trademarks with patents. A trademark is just something the company uses for identification of the brand or a product. Which is why Windows and iphone were granted for the are products of the parent comapny. Multi-touch is describing an action which the user can use on the product and said action is already widely used, shift plus a number of button on any standard keyboard for example.
Ha ha stupid apple, trademark everything so everyone has to pay us. Getting what you deserve.
"@Jahcriado
Wrong. http://www.microsoft.com/about/legal/en/us/IntellectualProperty/Trademarks/EN-US.aspx
Scroll down the list. Trademarks are listed in alphabetical order. You will find the word Windows is a registered trademark."
Actually it just has windows logo and windows products, actual word windows in not tm
Wrong. http://www.microsoft.com/about/legal/en/us/IntellectualProperty/Trademarks/EN-US.aspx
Scroll down the list. Trademarks are listed in alphabetical order. You will find the word Windows is a registered trademark."
Actually it just has windows logo and windows products, actual word windows in not tm
@dave@... This is tiring. Quit posting this you $Mer.
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