Trademark Attorney, Lawyer: Trademark Registration & Trademark Infringement: Trademark Trial and Appeal Board Denies Apple's "Multi-Touch" Proposed Mark

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Wednesday, 28 September 2011

Comments

"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.

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