A lawyer for the USPTO denied Apple's initial trademark application and the company appealed to the Appeal Board. The board upheld the initial refusal to grant the trademark.
For trademarks, "the greater the degree of descriptiveness the term has, the heavier the burden to prove it has attained secondary meaning." The trademark attorney pointed out that the term "multitouch" has taken on generic meaning, being used by a wide variety of publications to describe the touchscreen technology on Android phones, tablets, and notebooks.
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