Tuesday, September 27, 2011

Use of term with a highly successful product does not mean the term has acquired distinctiveness

Apple lost at the TTAB on application serial no. 77219819 to Multi-Touch.

The TTAB cited In re Bongrain, 894 F.2d 1316 (CAFC 1990) and Yamaha, 840 F.2d 1572. Even Boston Beer arose: 198 F.3d 1370.


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