'Apple Music' can't be trademarked, says appeals court

Court rejects Apple's request for a rehearing

Musician Charlie Bertini opposed Apple's application for a federal trademark for "Apple Music" when that streaming service was launched. In 2021, the US Trademark Office ruled in favor of Apple, specifically because Apple claimed that it had a prior claim.

That claim was to do with how Apple acquired sound recordings, and a 1968 "Apple" trademark, when it acquired The Beatles' firm Apple Corps in 2007. Bertini had been using his "Apple Jazz" term since 1985, but did not register it as a trademark for entertainment services until 1991.

However, a Federal Circuit panel then unanimously reversed the first decision. It ruled that Apple could not tack its prior use of Apple Corps trademark onto its more recent streaming service.

Apple subsequently requested a rehearing of the case, specifically asking for the Trademark Trial and Appeal Board (TTAB) to narrow down the categories in the trademark application.

As part of its request, Apple claimed this case required "an answer to a precedent-setting question of exceptional importance."

Apple's request for a rehearing would have the TTAB no longer consider Apple Music in services such as "[a]rranging, organizing, conducting, and presenting concerts [and] live musical performances." Apple believed that would distance Apple Music from Apple Jazz, and so its trademark could then be possible.

However, IP Watchdog reports that the US Court of Appeals for the Federal Circuit (CAFC) has now denied Apple a rehearing.