Microsoft Challenging Apple's “App Store” Trademark

Published by: Kelly Curtis on 12th Jan 2011 | View all blogs by Kelly Curtis
app_store_logo.jpg
Microsoft Challenging Apple's “App Store” Trademark

Microsoft reportedly wants to create an app store, but Apple has apparently trademarked the term app store, as its App Store has been around almost as long as the iPhone has.  Microsoft argues that the term app store is generic and should not be subject to trademark control.

Here is an excerpt from a recent Microsoft filing challenging Apple's trademark right as it pertains to the app store term.

“Any secondary meaning or fame Apple has in ‘App Store’ is de facto secondary meaning that cannot convert the generic term ‘app store’ into a protectable trademark.  Apple cannot block competitors from using a generic name. ‘App store’ is generic and therefore in the public domain and free for all competitors to use.”

Microsoft filed a motion for summary judgement Tuesday with the Trademark Trials and Appeals Board.  Apple maintains that the name “App Store” is protected and has long been used in the trade press.  The company also claims that “App” is short for Apple.

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