Microsoft Petition: Apple Has No Right To Register “App Store” as its TradeMark

It is really a well known fact to all that by reading the term “App Store” the word “Apple” raises on the horizons of our mind’s sky. However, the business and its requirements have their own dimensions. On these grounds, Microsoft filed a petition which opposes the Apple’s attempt to have the rights of using the term “App Store” as its Trademark. Microsoft pleaded that App Store is a generic term widely used in the public domain. Microsoft asked the US Patent and Trademark Office to refuse the Apple’s application in this regard. It is actually due to the Microsoft’s future plan to have its own Window’s Phone App Store.

The battle began at the begging of the this week when The Redmond Company filed the similar type of petition opposing  Apple’s endeavors to get “App Store” as Trademark for it alone. The Redmond refused to accept the Apple’s instance over this commonly used term.

Microsoft Petition-App Store-Apple

Microsoft jumps into the war field with its point of view;

“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 connection with those stores. Microsoft’s motion for summary judgment should be granted and Apple’s application to register APP STORE refused.

Apple responses over Microsoft’s filed petition;

the vastly predominant usage of the expression ‘app store’ in trade press is as a reference to Apple’s extraordinarily well-known APP STORE mark and the services rendered by Apple thereunder.

Apple’s application was dismissed by the Trademark Office with the argument that the term App Store describes only to provide applications to mobile device users and can’t be marked for Apple alone.  Apple then tried to convince the Trademark authorities that the term App is the abbreviation for Apple only but it was also thrown out by the Trademark Office.

Microsoft Petition-App Store-Apple-2

Now Apple finally argues;

The phrase APP STORE creates a clearly recognizable double entendre” in that “app” would “be immediately recognized as a variant of the applicant’s well-known APPLE STORE mark

The ball is now in the court of the respected court. However, we are in the favor of Apple’s instance over this trademark dispute (extremely sorry to Microsoft). Please put your right arm on your heart, close your eyes, listen the word APP STORE, there will be a sudden spark in your mind throwing its light on  the word ? APPLE, APPLE AND ONLY APPLE.  AM I RIGHT?

So, we humbly request to the US Trademark Office “SIR, APP STORE SHOULD BE THE EXCLUSIVE TRADEMARK OF APPLE”.

Source: Techflash

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