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Microsoft fights Apple over App Store Trademark

David Ludlow
12 Jan 2011
Microsoft fights against Apple App Store Trademark
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Says it's not fair and that other companies use the term, too

Microsoft is opposing Apple's plan to file a trademark on App Store, stating that it would be unfair when many companies are already using the term.

This week Microsoft has filed a motion with the US Patent and Trademark Office requesting that the trademark is not registered. It's argument is pretty clear and consists, in summary, of two points based around the fact that "app store" is a generic name for a retail store.

Microsoft highlights this by declaring that "'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" 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".

More over, Microsoft highlights that even Steve Jobs uses 'app store' in a generic way, quoting from a recent interview.

"In addition to Google's own app marketplace, Amazon, Verizon and Vodafonehave all announced that they are creating their own app stores for Android. There will be at least four app stores on Android which customers must search through to find the app they want and developers will need to work to distribute their apps and get paid," says the motion.

Apple originally filed for the trademark back in 2008, but now has to wait for the results of the motion.

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