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.