Apple loses bid for music app icon trademark | Apple – CNET News

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Apple loses bid for music app icon trademark | Apple – CNET News.

Seriously, how does a series of 8th notes get patent protection?  To quote: “Section 2(d) prohibits the registration of a mark “which so resebles” another mark “as to be likely … to cause confusion.”

Here’s some advice.  If you have a mark that is this generic, find something different that is unique.  If you are going to use your mark to be recognized uniquely don’t use 8th notes.  I don’t care what color your background is.

The Apple logo?  Unique.  IBM logo?  Unique.  Soundcloud?  Unique. Launchpad, Chrome, Xcode (ugh), Twitter, Google Earth?  Unique.

iTunes/iMusic?  Not unique.

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