Microsoft is attempting to block Apple from trademarking the term “app store.” The Redmond, Wash.-based software giant has filed a complaint with the U.S. Patent and Trademark Office, requesting that the trademark application be denied.
The complaint is based on the grounds that the term is too generic. Generic terms cannot be trademarked. For instance, “computer store” is a generic term that cannot be protected by trademark. The key question is whether “app store” — a concept that has only existed recently — has become generic enough to be denied trademark protection.
‘A Generic Term’
Russell Pangborn, associate general counsel at Microsoft, told news media that, like “shoe store” or “toy store,” “app store” is “a generic term that is commonly used by companies, governments and individuals that offer apps.”
He added that other companies should be able to use the term “without fear of reprisal by Apple.”
In its 23-page motion, Microsoft said it opposes the granting of trademark status because “‘app’ is a common generic name for the goods offered at Apple’s store,” and “‘store’ is generic for ‘retail store services.'” It said a search of Westlaw’s database found references to more than 1,000 articles that use “‘app store’ as the generic name for stores featuring apps.”
In addition, it quoted Apple cofounder and CEO Steve Jobs as criticizing the proliferation of other “app stores” from Google, Amazon, Verizon and Vodafone, among others.
In response, Apple has said “the vastly predominant usage of the expression ‘app store’ in trade press” is in reference to Apple’s.
Google and Microsoft actually call their stores the Android Market and the Windows Marketplace for Mobile, although Research In Motion has an App World for its BlackBerry devices, Samsung its Samsung Apps, Nokia an Ovi Store, and Hewlett-Packard an App Catalog. Some observers have noted that the proliferation of…