Right when it launched the iPad mini, Apple filed a trademark application for the name with the us Patent and Trademark workplace (USPTO). As plain Apple noticed earlier nowadays, however, the USPTO can possible refuse Apple’s trademark filing as a result of, the reviewer argues, “the applied-for mark simply describes a feature or characteristic of applicant’s product.”
The letter was armored to Apple on january twenty four, however solely created public within the previous couple of days. Apple will still answer this notice and proper its application, tho' it’s arduous to ascertain however Apple might argue against the USPTO’s argument that ‘mini’ is ‘merely descriptive.’
“THE APPLIED-FOR MARK simply DESCRIBES A FEATURE OR CHARACTERISTIC OF APPLICANT’S product.”
The word ‘mini,’ the reviewer argues, simply describes that the iPad mini is so “a little sized hand-held pill computer” and simply describes the mini’s options. It is not, the reviewing professional says, “a unitary mark with a novel, ironical, or otherwise nondescriptive which means in reference to the products and/or services.” The USPTO would solely grant Apple the trademark to the complete iPad mini name if the corporate might show that the word ‘mini’ has currently noninheritable a “distinctiveness.”
In addition, plain Apple conjointly notes, the reviewer conjointly denied the applying for currently as a result of Apple ought to have provided the USPTO with a specimen aside from its own product web site, although Apple perpetually uses these for its trademark applications and this was ne'er a reason for a denial before.
The reviewer conjointly believes that there's a “likelihood of confusion” between Apple’s existing iPad emblems and this new iPad® mini application, which, to be honest, doesn’t create plenty of sense.
Tags: apple, ipad mini, Trademark, uspto
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