Apple Music Trademark Application Blocked by US Appeals Court

Apple Music has been one of the most popular music streaming services in the world since its launch in 2015. However, the company has faced a recent setback in its trademark application for the name "Apple Music." In this article, we'll explore the recent court ruling that has blocked Apple's trademark application and the implications it has for the company.

Background

In 2014, Apple acquired Beats Electronics, a company that was known for its headphones and music streaming service. As part of the acquisition, Apple also acquired the "Beats Music" trademark. In 2015, Apple launched its own music streaming service, which it named "Apple Music." The company applied for a trademark for the name shortly thereafter.

The U.S. Patent and Trademark Office (USPTO) initially approved Apple's trademark application in 2017. However, the trademark was challenged by a company called "Apple Jazz," which claimed that the name "Apple Music" was too similar to its own trademark for "The Other Apple Jazz." The Trademark Trial and Appeal Board (TTAB) agreed with Apple Jazz and blocked Apple's trademark application.

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Court Ruling

Apple appealed the TTAB's decision to the U.S. Court of Appeals for the Federal Circuit (CAFC). In March 2023, the CAFC ruled in favor of Apple Jazz and upheld the TTAB's decision. The court found that there was a likelihood of confusion between the two trademarks, as both used the words "Apple" and "music."

The court also rejected Apple's argument that the TTAB had improperly applied the "tacking doctrine." This doctrine allows a trademark owner to make small changes to its trademark over time without losing its priority "Beats Music" trademark that it had acquired from Beats Electronics. However, the court found that the two trademarks were not similar enough to allow for tacking.

Implications for Apple

The court's decision is a blow to Apple, as it means that the company cannot trademark the name "Apple Music." This could make it more difficult for Apple to protect its brand from competitors who may use similar names or logos. It could also lead to confusion among consumers who may mistake other music streaming services for Apple Music.

However, it's worth noting that Apple can still use the name "Apple Music" and enforce its common law trademark rights. Common law trademark rights are based on actual use of a trademark in commerce and are recognized even if a trademark is not registered with the USPTO. This means that Apple can still prevent others from using the name "Apple Music" in a way that is likely to cause confusion among consumers.

The recent court ruling that has blocked Apple's trademark application for "Apple Music" is a significant setback for the company. However, Apple can still use the name and enforce its common law trademark rights. It remains to be seen how this ruling will impact Apple's branding and its ability to protect its intellectual property in the future.

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Apple Music Trademark Application Blocked by US Appeals Court