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Apple loses iPad Mini, as ‘Mini’ only conveys a description
Posted on 2013-04-02 by contributor001
Apple would not have foreseen this transpiring but as luck has it,
there is bound to be something larger and more annoying than a distant
competitor conquering your customer base. The company failed to seal the
trademark on ‘iPad Mini’. The reason being that the word ‘mini’ is more
of a descriptor for something smaller than the regular size but in
proportion and hence, it’s just too much of an adjective, one would
reckon. The finding states. “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””. The
case may threaten other applications that have taken this stance of
nomenclature as well. The case further stated, “The examining attorney
has also attached evidence from an internet search showing third party
descriptive use of the term “mini” to describe the small size of various
handheld digital devices. See attached evidence. Therefore, the wording
merely describes a feature of applicant’s goods, namely, a small sized
handheld tablet computer”
That’s not all! There’s a bit of problem with the word ‘iPad’ as well.
Says the finding, “The term “IPAD” is descriptive when applied to
applicant’s goods because the prefix “I” denotes“internet.” According to
the attached evidence, the letter “i” or “I” used as a prefix and would
be understood by the purchasing public to refer to the Internet when
used in relation to Internet-related products or services. Applicant’s
goods are identified as “capable of providing access to the Internet”.
When a mark consists of this prefix coupled with a descriptive word or
term for Internet-related goods and/or services, then the entire mark
may be considered merely descriptive.”
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