USPTO denies Apple's trademark application for iPad mini
The United States Patent and Trademark Office has denied Apple's request for a trademark on the term "iPad mini," finding that the "mini" portion of the name is "merely descriptive" of goods or services available in miniature forms.
The USPTO's decision came in the form of a letter to Apple (via Forbes), in which the application reviewer refused registration of the trademark on grounds that "the applied-for mark merely describes a feature or characteristic of applicant's goods." The USPTO deems a mark "merely descriptive" "if it describes an ingredient, quality, characteristic, function, feature, purpose, or use of an applicant's goods and/or services."
Apple filed a trademark application for the iPad mini name shortly after it launched the device last year. The refusal letter, TechCrunch notes, was mailed to Apple on January 24, but only made public in the last few days.
In denying Apple's request, the reviewer notes that "the term 'MINI' in the applied for mark is also descriptive of a feature of applicant's product. Specifically, the attached evidence shows this wording means "something that is distinctively smaller than other members of its type or class'. See attached definition. The word 'mini' has been held merely descriptive of goods that are produced and sold in miniature form."
The reviewer also attaches multiple examples pulled from the Internet of a range of products marketed with the term "mini" attached to their names in some fashion. The commonness of the term, the reviewer argues, means that Apples use of the term signifies only "a small sized handheld tablet computer," and does not constitute "a unitary mark with a unique, incongruous, or otherwise nondescriptive meaning in relation to the goods and/or services."
The January letter also provided additional grounds for refusal of the application. A "web catalog or web page specimen," the letter says, "is not acceptable to show trademark use as a display associated with the goods because it fails to include a picture or a sufficient textual description of the goods in sufficiently close proximity to the necessary ordering information." Apple had submitted the iPad mini trademark application with images from its product webpages. Patently Apple notes that Apple commonly does so when submitting applications, and the USPTO does not seem to explain how this case is any different.
Apple has already secured a trademark on "iPad" in the United States and in multiple other countries around the world. The iPad maker can still amend its application for a trademark, provided it can prove that "a portion of the mark has acquired distinctiveness." Apple has until July 24 to better explain how "iPad mini" is sufficiently different from the larger-sized iPad to merit its own trademark.
The USPTO's decision came in the form of a letter to Apple (via Forbes), in which the application reviewer refused registration of the trademark on grounds that "the applied-for mark merely describes a feature or characteristic of applicant's goods." The USPTO deems a mark "merely descriptive" "if it describes an ingredient, quality, characteristic, function, feature, purpose, or use of an applicant's goods and/or services."
Apple filed a trademark application for the iPad mini name shortly after it launched the device last year. The refusal letter, TechCrunch notes, was mailed to Apple on January 24, but only made public in the last few days.
In denying Apple's request, the reviewer notes that "the term 'MINI' in the applied for mark is also descriptive of a feature of applicant's product. Specifically, the attached evidence shows this wording means "something that is distinctively smaller than other members of its type or class'. See attached definition. The word 'mini' has been held merely descriptive of goods that are produced and sold in miniature form."
The reviewer also attaches multiple examples pulled from the Internet of a range of products marketed with the term "mini" attached to their names in some fashion. The commonness of the term, the reviewer argues, means that Apples use of the term signifies only "a small sized handheld tablet computer," and does not constitute "a unitary mark with a unique, incongruous, or otherwise nondescriptive meaning in relation to the goods and/or services."
The January letter also provided additional grounds for refusal of the application. A "web catalog or web page specimen," the letter says, "is not acceptable to show trademark use as a display associated with the goods because it fails to include a picture or a sufficient textual description of the goods in sufficiently close proximity to the necessary ordering information." Apple had submitted the iPad mini trademark application with images from its product webpages. Patently Apple notes that Apple commonly does so when submitting applications, and the USPTO does not seem to explain how this case is any different.
Apple has already secured a trademark on "iPad" in the United States and in multiple other countries around the world. The iPad maker can still amend its application for a trademark, provided it can prove that "a portion of the mark has acquired distinctiveness." Apple has until July 24 to better explain how "iPad mini" is sufficiently different from the larger-sized iPad to merit its own trademark.
Comments
Just like "Windows" is a descriptive term for the type of user interface, a term in use long before Windows 1.0 came out. If they're going to establish the "descriptive term" standard, MS should have their Windows trademark invalidated.
This is hilarious.
I'm pretty sure iPad is trademarked.
Originally Posted by Suddenly Newton
Meh. This just opens the door for everyone else to call their tablet "iPad mini".
They can't use "iPad", so not really.
Even if they continue to be idiots and permanently deny it of Apple, this shouldn't matter at all. On the contrary, it could probably lead to an even better situation wherein the iPad mini is just called… iPad.
Then the iPad becomes as the MacBook family is, simply with different sizes. 8" iPad, 10" iPad, 13" iPad, 15" iPad. Simple.
Watch my psychopath stalker spin that against me.
It's still covered by the 'iPad' trademark.
Originally Posted by virginblue4
I'm trying to work out why Appleinsider have used a mockup image of the iPad mini when it was announced in October? Pretty poor that they can't even use an image of an actual iPad mini when that's what the article is about.
Be… cause it looks the same and there's no official image like that? I don't know myself, but does it matter?
You don't have to agree to terms and conditions to repost a mockup's image.
Is this better?
It is. That makes the iPad Mini rejection not all that big of a deal. The iPad is still trademarked.
On second thought, maybe I should have put the /s at the end of that...
Quote:
Originally Posted by Tallest Skil
Be… cause it looks the same and there's no official image like that? I don't know myself, but does it matter?
You don't have to agree to terms and conditions to repost a mockup's image.
Is this better?
"oo ooo ug... me has lollipop... me they call hugh from laurie tribe... me win staring contest. ug ug."
Yet they have "iPod" and "iPod nano" both trademarked. Not sure how "iPod nano" made it through when "iPad Mini" didn't. Is the word "nano" too esoteric while "Mini" is generic?
First thing I did when I saw this is do a Google search for "list of apple trademarks". Very first link goes straight to apple.com and a complete list of all their registered trademarks. For curiosity I tried the same with Samsung (since they sell a GS3 Mini). After going through the first 2 pages of links I gave up as I couldn't find a single location that lists them all.
Quote:
Originally Posted by EricTheHalfBee
Yet they have "iPod" and "iPod nano" both trademarked. Not sure how "iPod nano" made it through when "iPad Mini" didn't. Is the word "nano" too esoteric while "Mini" is generic?
First thing I did when I saw this is do a Google search for "list of apple trademarks". Very first link goes straight to apple.com and a complete list of all their registered trademarks. For curiosity I tried the same with Samsung (since they sell a GS3 Mini). After going through the first 2 pages of links I gave up as I couldn't find a single location that lists them all.
interesting to note that they don't seem to have trademarks for the iPod mini or Mac mini.
The use of the word "Windows" to refer to the name of an operating system is distinct, which is why it has a trademark. However, "mini" in its common usage as referred to the mini is absolutely not unique. As someone else has already pointed out, there are plenty of other non-Apple products that use the word mini to mean "smaller". Besides, the iPad mini is already protected by the larger iPad trademark, Apple however is not going to be able to sue companies that name their smaller tablets "mini", and it would be preposterous to allow them to do so.
Just because a product is popular doesn't mean they can own the use of the word in other products (see iPhone with Cisco and iTV and the British TV channel).
Originally Posted by dagamer34
However, "mini" in its common usage as referred to the mini is absolutely not unique.
There sure are a lot of products out there called "iPad mini" aren't there?
As someone else has already pointed out, there are plenty of other non-Apple products that use the word mini to mean "smaller".
Right, so they get trademarks and Apple doesn't because…
…it would be preposterous to allow them to do so.
"How dare a company try to protect its creations! We'll have none of that!"
Just because a product is popular doesn't mean they can own the use of the word…
Nice strawman.
Quote:
Originally Posted by bleh1234
iPod mini, Mac mini, Cooper mini, Arduino mini, TiVo mini etc.... just too common
I had thought of these as well. But are, in fact, non of these trademarked?
Maybe the problem is that Apple didn't make the product's name a singular word (i.e. "iPadMini")