Posts Tagged: "Charles Bertini"

Office (USPTO) and Apple, Inc. file responses to his petition for writ of mandamus, the owner of the trademark APPLE JAZZ has filed a reply of his own charging that “the USPTO is not sincere and has never been sincere about deciding this case.” The latest briefs relate to a petition for writ of mandamus filed by Charles Bertini, owner of APPLE JAZZ, who has been embroiled in a fight with Apple over rights to the mark since 2016.

On August 1, Apple filed a motion to amend its trademark application for the mark APPLE MUSIC with the Trademark Trial and Appeal Board (TTAB) following its recent loss at the U.S. Court of Appeals for the Federal Circuit (CAFC). Apple is asking the TTAB to allow it to remove “live performance services, as well as related services,” from the application in order to get around the CAFC’s ruling and since the Opposer, Charles Bertini, did not make the argument on which the ruling was based before the TTAB.

The U.S. Court of Appeals for the Federal Circuit (CAFC) today denied Apple’s June request that the court rehear a decision that effectively canceled the tech company’s application to register the trademark APPLE MUSIC. Apple had asked the court to rehear the case in order to direct the Trademark Trial and Appeal Board (TTAB) to narrow the services listed in the trademark application so that it could proceed to registration. The owner of the trademark for APPLE JAZZ, Charles Bertini, in April won his appeal to the CAFC from the TTAB, which had dismissed his opposition to Apple, Inc.’s application to register the mark APPLE MUSIC. The CAFC said the TTAB legally erred in allowing Apple to claim absolute priority for all of the services listed in its application based on a showing of priority for just one service.

Last week, Apple filed a petition for the U.S. Court of Appeals for the Federal Circuit (CAFC) to rehear a decision that effectively canceled the tech giant’s application to register the trademark APPLE MUSIC. The petition asks the court to rehear the case in order to direct the Trademark Trial and Appeal Board (TTAB) to narrow the services listed in the trademark application so that it can proceed to registration.

A motion filed on Friday, October 15, with the U.S. Court of Appeals for the Federal Circuit (CAFC) requests that the appellant, Charles Bertini, be allowed to present evidence not of record in order to demonstrate that bias at the Trademark Trial and Appeal Board (TTAB) may have had a negative impact on his case. Bertini owns the mark APPLE JAZZ, which was registered in New York state in 1991 for entertainment services. He began using the mark well before that, in 1985. Unaware that he did not have a federal registration, Bertini filed an opposition against Apple, Inc.’s federal registration for “Apple Music” in 2016, along with an application to register APPLE JAZZ with the USPTO.