Microsoft objects to Apple's "App Store" trademark application

Microsoft has filed an objection to the Apple’s “App Store” trademark application. On July 17th 2008, (which was after the launch of the iPhone App Store), Apple had filed a trademark application for “App Store.”

  The application was filed in the United States Trademark office under the International classes 35 (Advertising; business management; business administration; office functions), 38 (Telecommunications) and 42 (Scientific and technological services and research and design relating thereto: industrial analysis and research services; design and development of computer hardware and software; legal services).

Now, on 11th January 2011, software giant Microsoft has filed a motion for summary judgment at the USPTO’s Trademark Trial and Appeal Board, asking it to deny the trademark to Apple. In its motion, Microsoft said "app" is a generic term for what is sold at the App Store and that "store" is generic for retail store services. The motion further said that the   consumers and the trade and general media use "app store" generically to mean online stores where applications are sold. “App store” is a generic name that Apple should not be permitted to usurp for its exclusive use. Competitors should be free to use 'app store' to identify their own stores and the services offered in conjunction with those stores.” Microsoft also said that consumers and the trade and general media use "app store" generically to mean online stores where applications are sold. 

Normally, a general word cannot be trademark. A general word cannot be used as a source identifier. Sometimes formerly used trademarks over a passage of time are degraded by common usage into generic terms. Few such examples are Xerox, Dalda, Asprin, Thermos, Kerosene and many more. It is a general trend that the trademark owners make maximum efforts to popularize their brands. But it is true on the other side, where these owners take various steps to avoid their marks from becoming generic in nature.  A mark that is generic has minimal or no trade mark protection because it cannot be effectively enforced. Any person will be allowed to use a generic mark for his products without liability.

Is "APPStore as claimed by Microsoft generic? While the court's decision is pending, this post will be followed by a post on tests for a generic mark.

Reference:
http://www.pcworld.com/businesscenter/article/216532/microsoft_fights_apple_trademark_on_app_store.html

Authored by Sharada Kalamadi