USPTO Rejects Apple’s Request To Trademark ‘iPad Mini,’ Says It’s “Merely Descriptive” – [REPORT]

USPTO Rejects Apple’s Request To Trademark ‘iPad Mini,’ Says It’s “Merely Descriptive” – [REPORT]


Uh-Oh.

According to Forbes, The U.S Patent and Trademark Office has officially denied Apple’s trademark application covering the ‘iPad mini’.

In a letter issued to the Cupertino CA company, recently, the U.S trademark governing body stated that it is rejecting U.S Trademark Application No. 85780375, on the grounds that the original trademark applied for “merely describes a feature or characteristic of [the] applicant’s goods,” further clarifying that the mark is “merely descriptive” in its nature.

“Registration is refused because the applied-for mark merely describes a feature or characteristic of applicant’s goods,” the letter read, with the USPTO citing ‘Trademark Act Section 2(e)(1), 15 U.S.C. §1052(e)(1)’ as the Act which allows it to reject such an application.

According to The Trademark Act Section 2 (e):

No trademark by which the goods of the applicant may be distinguished from the goods of others shall be refused registration on the principal register on account of its nature unless it—

(e) Consists of a mark which:

1. when used on or in connection with the goods of the applicant is merely descriptive or deceptively misdescriptive of them,
2. when used on or in connection with the goods of the applicant is primarily geographically descriptive of them, except as indications of regional origin may be registrable under section 1054 of this title,
3. when used on or in connection with the goods of the applicant is primarily geographically deceptively misdescriptive of them,
4. is primarily merely a surname, or
5. comprises any matter that, as a whole, is functional.

The rejection was reportedly sent to Apple back in January, but only surfaced in the media this past weekend. It is so far unclear if Apple will be allowed to reapply for the trademark, or if it will ever succeed in gaining official approval for the ‘iPad mini’ trademark.

/ TechCrunch