Microsoft fights Apple trademark on ‘App Store’
Microsoft is asking the united states Patent and Trademark Office to deny Apple a trademark around the name “Application Store,” saying the word is generic and competitors will be able to utilize it.
Apple requested the trademark in 2008 for products or services including “store services featuring software applications provided online along with other computer and electronic communication systems” and other associated choices.
Apple launched its Application Store for that iPhone that year and its iPhone 3G. The shop has become on any device that runs the business’s iOS software, namely the ipod device Touch and iPad, and Apple introduced its Mac Application Store earlier this year.
On Tuesday, Microsoft filed a motion for summary judgment using the agency’s Trademark Trial and Appeal Board, asking it to deny the trademark to Apple.
The status page for Apple’s trademark request states “an opposition has become pending” in the trial board. The San antonio-based news site TechFlashPodcast reported on Microsoft’s filing on Tuesday and provided a hyperlink to Microsoft’s filing.
In the motion, Microsoft stated “application” is really a generic term for which is offered in the Application Store which “store” is generic for store services. Apple’s archrival also tried to use Chief executive officer Steve Jobs’ own words against him, citing a printed interview that quoted Jobs as saying “Amazon . com, Verizon and Vodafone have announced that they’re creating their very own application stores for Android.”
Microsoft also stated consumers and also the trade and general media use “application store” generically to mean online retailers where applications are offered.
“‘App store’ is really a generic name that Apple shouldn’t be allowed to usurp because of its exclusive use. Competitors ought to be free of charge ‘app store’ to recognize their very own stores and also the services provided along with individuals stores,” Microsoft stated.
Apple’s online shop symbolized a brand new idea for mobile software shopping if this premiered and rapidly grew to become a large success, emulated by many people other handset makers and a few mobile operators.
Microsoft launched a web-based store for applications to operate on Home windows Phone 7 devices next platform continued purchase late this past year. In December, research company IDC stated Microsoft’s store had arrived at 4,000 available applications in only two several weeks. That growth compared favorably using the growth of choices within the Apple and Android mobile software stores during comparable occasions within their history, IDC stated.