The U.S. Court of Appeals for the Federal Circuit (CAFC) this week ordered Apple, Inc. and the U.S. Patent and Trademark Office (USPTO) to respond to a petition for writ of mandamus filed by the owner of the APPLE JAZZ trademark, who has been embroiled in a fight with Apple, Inc. over rights to the mark since 2016. Charles Bertini, who owns APPLE JAZZ, petitioned the CAFC last week, asking the court to direct the USPTO to issue a final decision on its petition to cancel Apple’s mark, APPLE (Registration No. 4088195) for nonuse/ abandonment on the ground that Apple never used the mark in commerce for entertainment services listed in the Registration Certificate.
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