Microsoft Opposes Apple's "APP STORE" U.S. Trade-mark

On July 6, 2010, Microsoft Corporation filed an opposition before the United States Patent and Trademark Office (USPTO) against Apple Inc.’s trade-mark application for “APP STORE”, filed July 17, 2008, shortly after commercial launch of Apple’s APP STORE site. On January 10, 2011, Microsoft filed a summary judgment motion on the grounds that the mark is generic and the term “app store” is used generically in the trade as a noun to describe an online software application sales website, and not any one particular vendor.

In its initial response to the opposition, Apple denied that the mark is generic, and appeared to be preparing to argue acquired distinctiveness based on market success.

It is interesting to note that recent Apple news items have raised arguments in favour of both sides: with Apple’s COO (interim CEO) Tim Cook using the term “app store” generically; while the APP STORE enjoyed its 10 billionth download.

For the case history and pleadings, visit the USTP TABBVUE website:
http://ttabvue.uspto.gov/ttabvue/v?pno=91195582&pty=OPP&eno=4

For additional information, visit:
http://news.cnet.com/8301-13579_3-20028238-37.html#ixzz1ApxUlbZZ

For Apple COO, Tim Cook’s recent generic use of “app store”, visit:
http://www.pcmag.com/article2/0,2817,2375966,00.asp

For the App Store’s 10 billionth download, visit:
http://www.cnn.com/2011/TECH/mobile/01/24/app.store.10billion/

Volume IX

Microsoft Opposes Apple's "APP STORE" U.S. Trade-mark