Apple had tried to trademark the term 'multi-touch', January 9th 2007, but was unsuccessful and so too was the appeal. It was deemed too generic and describes the method the device is used rather than the underlying technology.
We now consider whether applicant has submitted sufficient evidence to establish acquired distinctiveness of this highly descriptive term. There is a list of items that can determine if a mark has "acquired distinctiveness", including sales success, length and exclusivity of use, and advertising expenditures.
There is a list of requirements that a 'trademark' must meet to determine if it has 'acquired distinctiveness' and the board had ruled against Apple saying that they had not met the burdan to be granted a trademark.
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