If you remember, Microsoft, last January, filed an objection to Apple’s trademark application for “App Store.” Microsoft claimed that the term was generic, and granting Apple the trademark would cause confusion in the marketplace as other companies would struggle to differentiate their own application markets. Anyway, it’s being reported that Apple has responded to the […]
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Apple Pushes Back Against Microsoft In ‘App Store’ Trademark Fight

microsoft-logo.jpgIf you remember, Microsoft, last January, filed an objection to Apple’s trademark application for “App Store.” Microsoft claimed that the term was generic, and granting Apple the trademark would cause confusion in the marketplace as other companies would struggle to differentiate their own application markets.

Anyway, it’s being reported that Apple has responded to the dispute by suggesting that Microsoft has failed to point out how “App Store” is a generic term, and that Microsoft themselves are guilty of trademarking a generic term- “Windows”

In a none-too-subtle dig at its longtime rival, Apple points in part to Microsoft’s own defense of one of its most valuable trademarks.

“Having itself faced a decades-long genericness challenge to its claimed WINDOWS mark, Microsoft should be well aware that the focus in evaluating genericness is on the mark as a whole and requires a fact-intensive assessment of the primary significance of the term to a substantial majority of the relevant public,” says Apple in the filing. “Yet, Microsoft, missing the forest for the trees, does not base its motion on a comprehensive evaluation of how the relevant public understands the term APP STORE as a whole.”

The U.S. Patent and Trademark Office will now rule to either grant Microsoft’s motion, or give Apple the trademark.

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