Instead of denying Apple the use of the Trademark iPad Mini they just have to list the word Mini as descriptive. The exact wording of this limitation is: “Applicant must disclaim the descriptive wording “MINI” apart from the mark shown because it merely describes a quality, characteristic or feature of applicant’s goods.” Many are saying that this opens up others to use the word Mini in their product names, but as we have seen in the past Apple has a habit of trying to extend their patents and trademarks beyond their legal bounds. Last year in a patent case in the UK Apple lawyers tried to claim that a tap was a “zero length swipe” when trying to get a product ban on a product that used a tap to unlock their phone.

We would not be surprised to see Apple try to claim trademark on the word Mini even though that is not allowed (according to the USPTO Office Action). We also would not be surprised to see this latest action rejected at a later date. It is part of a pattern we (and many others) have noted with the USPTO when it comes to Apple and their requests. This twist in findings by the USPTO highlights the need for outside review and oversight on this office. It also shows that there is a serious need for reform and reorganization in the office. The problem is that none of the larger corporations want a fair and balanced patent process as it does not serve them.

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