USPTO pulls primary objections but cautions that the matter isn’t settled

Apr 8, 2013 08:47 GMT  ·  By

After refusing to approve Apple’s initial iPad mini trademark proposal, the United States Patent & Trademark office reviewed its decision (along with a new specimen submitted by the Cupertino giant), and withdrew its rejection.

Following the iPad mini trademark rejection by an examining attorney, the USPTO issued a formal statement saying, “This Office action supersedes any previous Office action issued in connection with this application.”

“Upon further review of the application, the examining attorney has determined that the following refusals issued in the initial Office action should be withdrawn.”

The USPTO then states, “The Trademark Act Section 2(e)(1) descriptiveness refusal and the Sections 1 and 45 specimen refusal are both withdrawn.”

In the document, the examining attorney also apologizes for any inconvenience caused, but notes that Apple still isn’t out of the woods, as any newly submitted trademarks (by other companies) may come into conflict with the iPad mini’s.

“The trademark examining attorney has searched the Office’s database of registered and pending marksand has found no similar registered mark that would bar registration under Trademark Act Section 2(d) […] However, marks in prior-filed pending applications may present a bar to registration of applicant’s mark,” the document reads.