I cannot disagree that the iPhone really introduced multi-touch to the masses making things like pinch-to-zoom almost second nature. Back on January 9th, 2007 Apple attempted to trademark the term Multi-Touch itself, but a lawyer for the U.S. Patent and Trademark Office denied Apple’s initial trademark application. This decision was of course appealed to the Appeal Board, but the Board has upheld the initial refusal. It was pointed out the the term multi-touch has taken on a generic meaning to describe touchscreen technology.
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.
The full decision can be viewed from the source link below. Be sure to share your thought’s with us on this one. Frankly, I’d like to see Apple never gain a patent or trademark ever again for the shenanigans they have pulled this year.