If 'App Store' trademark is generic, so is Microsoft's 'Windows,' Apple argues

Apple logoApple has responded to Microsoft's complaint over a trademark filing for the term "App Store," with the iPhone maker calling out Microsoft's ownership of the name "Windows."

In its efforts to obtain a trademark for its App Store for iOS and Mac OS X, Apple has fired back at a complaint from Microsoft, according to TechFlash. Apple has argued with the U.S. Patent and Trademark Office that it is entitled to ownership of the App Store trademark in much the same way Microsoft is allowed to own "Windows" for its operating system.

"Having itself faced a decades-long genericness challenge to its claimed WINDOWS mark, Microsoft should be well aware that the focus in evaluating genericness is on the mark as a whole and requires a fact-intensive assessment of the primary significance of the term to a substantial majority of the relevant public," Apple wrote.

"Yet, Microsoft, missing the forest for the trees, does not base its motion on a comprehensive evaluation of how the relevant public understands the term APP STORE as a whole."

Apple's comments come in response to Microsoft, which filed an objection to Apple's "App Store" trademark application in January. The Redmond, Wash., software giant has asked the USPTO to reject Apple's request on the grounds that the term "app store" is "generic for retail store services featuring apps and (is) unregistrable for ancillary services such as searching for and downloading apps from such stores."

"'App' is a common generic name for the goods offered at Apple's store, as shown in dictionary definitions and by widespread use by Apple and others," Microsoft wrote. "And 'Store' is generic for the 'retail store services' for which Apple seeks registration, and indeed, Apple refers to its 'App Store' as a store."

In its own response to the USPTO, Apple cited linguistics expert Robert Leonard who said the predominant usage of the term "App Store" is in reference to Apple's digital storefront. Apple also noted that Microsoft uses the term "Marketplace" for its own online store to avoid using the terms "app store."

The case will be decided by the USPTO's Trademark Trial and Appeal Board. Apple first filed for the App Store trademark soon after the iOS digital storefront launched in 2008.

Source: AppleInsider

Tags: Apple, Microsoft

Add comment

Your name:
Sign in with:
Your comment:

Enter code:

E-mail (not required)
E-mail will not be disclosed to the third party

Last news

Sales of new models way below those of 2017 generation
The new Windows 10 browser will run on the Chromium engine
Google will shut the service down in April of 2019 instead of August as initially planned
The regular S10 will sport a 6.1-inch panel with the same front-facing camera design
The smartphone has a 6.4-inch Full HD+ (2340 x 1080 pixel) Infinity-O display
Google Play Services will deprecate the aging OS in newer releases
Apple might be looking to trial the feature on the iPad before iPhone
Toshiba, which released the world’s first 14TB nearline 3.5-inch and 26.1mm-height HDDs with 9-disk
The Samsung Galaxy A5 (2017) Review
The evolution of the successful smartphone, now with a waterproof body and USB Type-C
February 7, 2017 /
Samsung Galaxy TabPro S - a tablet with the Windows-keyboard
The first Windows-tablet with the 12-inch display Super AMOLED
June 7, 2016 /
Keyboards for iOS
Ten iOS keyboards review
July 18, 2015 /
Samsung E1200 Mobile Phone Review
A cheap phone with a good screen
March 8, 2015 / 4
Creative Sound Blaster Z sound card review
Good sound for those who are not satisfied with the onboard solution
September 25, 2014 / 2
Samsung Galaxy Gear: Smartwatch at High Price
The first smartwatch from Samsung - almost a smartphone with a small body
December 19, 2013 /

News Archive



Do you use microSD card with your phone?
or leave your own version in comments (11)