Pretty sure that Apple tried to trademark it as soon as they launched the new iTunes icon. It's just that they've now gotten the final decision that they can't because one that is very similar to that already exists.

If only the Patent Office worked this way, too - rejecting many more new patents because there's already prior art for that. The problem with the Patent Office is that it's not strict at all about what they validate and approve as a patent. Pretty much anything goes it seems, from what we've seen recently.