On April 19, 2011, Samsung filed for an Opposition to Apple’s TM application No. 85041463.
Samsung is opposed to the idea that Apple be granted a US Trademark for the above image, for use as an Icon. In their NOTICE OF OPPOSITION, Samsung claims that the mark “is a pictorial representation of music notes in general and […] has not acquired distinctiveness.
Samsung also claims that this is a functional configuration incapable of being a Trademark, and that the mark is descriptive.
Samsung mentions that they have plans to use a similar design for their products, and is worried that if Apple is granted a TM for something this generic, it would mean TM litigation.
What’s the lesson? If you’re going to make an App Icon, don’t be too descriptive. As in all Trademarks, there are thresholds for how descriptive you can get.
Source: http://ttabvue.uspto.gov/ttabvue/v?pno=91199897&pty=OPP&eno=13
