Trademark Trial and Appeal Board Denies Apple's "Multi-Touch" Proposed Mark

The Trademark Trial and Appeal Board (TTAB) affirms examining attorney's decision that the term "Multi-Touch"  is merely descriptive of Apple's goods, and was not persuaded that the proposed mark had acquired distintiveness as required for registration under the provisions of Trademark Act § 2(f), 15 U.S.C. § 1052(f).

ttabvue-77219819-EXA-17

Comments

[How To Trademark a Name]

"In determining whether secondary meaning has been acquired, the Board may examine copying,advertising expenditures, sales success, length and exclusivity of use, unsolicited media coverage, and consumer studies.... Typically, more evidence is required where a mark is so highly descriptive that purchasers seeing the matter in relation to the named goods or services would be unlikely to believe that it indicates source in any one entity."

Hard to imagine how Apple thought they woudl win. They have not marketed 'multi-touch' as a brand, but instead as a feature. Features don't make for a strong argument on secondary meaning for trademark registration.