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Thread: Apple Denied Trademark Application for iPad mini

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  1. #1
    MMi Staff Writer Akshay Masand's Avatar
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    Default Apple Denied Trademark Application for iPad mini


    The United States Patent and Trademark Office (USPTO) recently denied Apple’s request for a trademark on the term ‘iPad mini,” finding that the “mini” portion of the name according to them is just “merely descriptive” of goods or services available in miniature forms. The decision came in the form of a letter to Apple, in which the application reviewer refused registration of the trademark.

    The Cupertino California company filed a trademark application for the iPad mini name shortly after it launched the device last year. According to TechCrunch, the refusal letter was mailed to Apple on January 24 but only made public in the last few days. The reviewer noted 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 distinctly smaller than other members of its type or class.”

    In addition to the explanation, 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 doesn’t constitute a “unitary mark with a unique, incongruous, or otherwise non-descriptive meaning in relation to the goods and/or services.” The letter also provided additional grounds for refusal of the application by stating the following:

    A web catalog or web page specimen 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. The folks over at Patently Apple noted that Apple commonly does so when submitting applications and the USPTO does not seem to explain how this case is any different. Fortunately for Apple, the company has already secured a trademark on “iPad” in the United States and in multiple other countries around the world. The company can still amend its application for a trademark provided that it can prove that “a portion of the mark has acquired distinctiveness.” The Cupertino California company has until July 24 to better explain how “iPad mini” is sufficiently different from the larger-sized iPad to merit its own trademark. We’ll have to see if they can wait and pull it off.

    Source: Forbes, Patently Apple, TechCrunch

    Twitter: @AkshayMasand

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    Apple must have forgotten to attach the brown envelope with the patent application

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    *T*
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    They are just gonna resend the same application, except with a 10 million dollar check.

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    My iPhone is a Part of Me hogcia's Avatar
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    Mini lol

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    My iPhone is a Part of Me luvmytj's Avatar
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    So does the car maker BMW have to change the name of their car, the Mini since it is just “merely descriptive” ?

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    nvm
    Last edited by dsg; 03-31-2013 at 07:09 PM.
    privacy isn't about having something to hide

    look here all grammar police, indulge me.

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    now if they can deny half the other patents they were awared the world would be a better place and we would have more inovation

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    Wait, so the courts awarded Apple a patent on rounded corners on buttons but not on the legit name 'iPad Mini'? Wow..

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    Quote Originally Posted by luvmytj View Post
    So does the car maker BMW have to change the name of their car, the Mini since it is just “merely descriptive” ?
    Mini is the brand name like Apple...

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    Will apple replace iPad mini with iPad nano, just like what they did with the iPod mini?!

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    Quote Originally Posted by sheon View Post
    now if they can deny half the other patents they were awared the world would be a better place and we would have more inovation
    Thank god someone else understands. Haha.

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    Wait, mini NO but rectangles with rounded edges similar to the same ones the almighty etched the 10 commandments on YES? The USPTO is a joke! What are the qualifications to be a reviewer? Is there a school? A required degree? Do you need to be an expert in the field that the patent pertains to?

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    Quote Originally Posted by Meh View Post
    Wait, so the courts awarded Apple a patent on rounded corners on buttons but not on the legit name 'iPad Mini'? Wow..
    They allow iPod nano but they don't allow iPad mini? That's just weird.

    Quote Originally Posted by Bloodwork View Post
    Will apple replace iPad mini with iPad nano, just like what they did with the iPod mini?!
    Funny how they allow ipod nano but not ipad mini. Both are descriptive words of the size of the product are they not?
    Last edited by ahab228; 03-31-2013 at 11:41 PM.

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    iPhone? More like MyPhone ohthatguyagain's Avatar
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    Quote Originally Posted by lza602 View Post
    Mini is the brand name like Apple...
    Just like there are many other apples out there, and several other fruit-based and -named companies.

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    iPhone? More like MyPhone holyshnikes's Avatar
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    I'm sure they wanted to patent this before Samsung releases their galaxy S4 mini. Samsung is dumb if they use that term. It would just confirm even more that they copy Apple.

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    Quote Originally Posted by holyshnikes View Post
    I'm sure they wanted to patent this before Samsung releases their galaxy S4 mini. Samsung is dumb if they use that term. It would just confirm even more that they copy Apple.
    Samsung should haveevery right in my opinion. They do make all of the iPhone parts you know.

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    iPhone? More like MyPhone Liveitlive's Avatar
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    Quote Originally Posted by lza602 View Post
    Mini is the brand name like Apple...
    Arnt they Austin Minis?

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    iPhone? More like MyPhone andygev35's Avatar
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    No, Mini is the brand name, Cooper is the model, and they're built by BMW.

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    iPhone? More like MyPhone Liveitlive's Avatar
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    Quote Originally Posted by andygev35 View Post
    No, they're built by BMW.
    Yes, built by. But not badged with. They were't called BMW minis.

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    Quote Originally Posted by holyshnikes View Post
    I'm sure they wanted to patent this before Samsung releases their galaxy S4 mini. Samsung is dumb if they use that term. It would just confirm even more that they copy Apple.
    Do you really believe Apple was the first to use the term "mini" as part of a product's name? Do you really think that any single company owns or can own such a general term like "mini" ? This is no different then the 200 or so cars that have the word "turbo" or "convertible" or some random combination letters ("XL" "ST", "ZX", ...), etc, added to their name. Maybe you should try to think things through before committing a post next time.

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