Microsoft Fights Apple Trademark on 'App Store'

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Microsoft is trying to block Apple's trademark application for the term "App Store." Obviously that term is generic now, but it wasn't back in 2008 when Apple applied for it so this case could go either way.

On Tuesday, Microsoft filed a motion for summary judgment with the agency's Trademark Trial and Appeal Board, asking it to deny the trademark to Apple. The status page for Apple's trademark request says "an opposition is now pending" at the trial board.
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I can see it both ways. App Store is fairly generic if you take it for face value, but it could also be short for Apple Store I suppose. Either way, your average consumer is going to take it for face value. Nobody should be able to trademark something t hat generic... hopefully Microsoft wins this one.

God I feel dirty for typing that.
 
Why not just change it to say "Applecation Store"? Wouldn't that be a win/win for Apple?
 
The key here is Apple applied for a trademark of the name back in 2008.

Now "OMG!" Microsoft is all in a tift because between 2008 and 2011 it became a common word so that should negate the application even tho it was submitted when it was not a common word.

MS needs to go pound sand.
 
If they lose all they have to do is call it the Mobile Marketplace, or something like that. Everybody will know what it does still even if it isn't specifically named 'The App Store'.
 
Abbreviation of the word "application" followed by "store". WAY to generic. This is not just against Apple but against any and all entities that try to patent generic words or ideas.
 
If they wanted "app" to refer to Apple then why the hell didn't they just add the remaining two letters and call it "Apple Store"? Greedy clowns.
 
You can say whatever, but apple single-handedly coined the term app store. I had never heard anyone use that before that came up with it. "app" yes, but not app store. It's become like kleenex or dumpster or coke. All of those things are brand specific, but they are used for describing competitors.

Regardless of how generic, which I don't think the phase as a whole is, apple deserves to get the trademark. If people were using the term "app store" before apple started it, then you might have a case, but now, not so much.
 
Ryan711 said:
Regardless of how generic, which I don't think the phase as a whole is, apple deserves to get the trademark. If people were using the term "app store" before apple started it, then you might have a case, but now, not so much.
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I dunno.

I like it to Best Buy being able to trademark "Computer Store/Dealer" or a Joe's Used Cars trademarking "Car Dealer".

If "application" isn't trademarked, then I don't understand how putting "store" behind it can be.

For instance, Steam's trademarked, so Steam Store can be trademarked. But if Valve wanted to trademark Game Store, ummm, no.
 
Tolyngee said:
I like it to Best Buy being able to trademark "Computer Store/Dealer" or a Joe's Used Cars trademarking "Car Dealer".
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To clarify: Apple isn't responsible for all of the apps in their Store. They just are a place of purchase and distribution, just like Steam.
 
^^^
Exactly. Steam can't trademark "game store". I'm biased because I hate Apple, but its because of crap like this that I do.

[H] should trademark "new posts" or "User CP".
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Tolyngee said:
I dunno.

If "application" isn't trademarked, then I don't understand how putting "store" behind it can be.
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That's just the thing, it's not "application store" it's "app store". Essentially slang. If it was such a prized name that everyone wants to use, why did they wait until apple decided to coin the term to start a big fuss about it?

Tolyngee said:
For instance, Steam's trademarked, so Steam Store can be trademarked. But if Valve wanted to trademark Game Store, ummm, no.
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Game store is generic though. I've seen hundreds or even thousands of places called "game stores" or people referring to something like gamestop as a "game store". Never before 2007 had I seen the term "app store". That's why it's different. Apple created the term essentially. Let me ask you, if apple hadn't come up with it, do you think the term would be as prevelent today? If not, then they deserve it.
 
Ryan711 said:
That's just the thing, it's not "application store" it's "app store". Essentially slang. If it was such a prized name that everyone wants to use, why did they wait until apple decided to coin the term to start a big fuss about it?
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Because it was obvious to most that it was... uncoinable?

Applecation Store would be slang and could be trademarked (hence why I suggested a win/win for Apple to do so), but not App Store. App is just an abbreviation, not slang.

Applecation has a nice douchetastic ring to it too, is obvious that it's Apple's (they'd still trademark it, but I also feel they'd win any lawsuit against the term beforehand though too).

Strange Apple didn't go with it.
 
Tolyngee said:
Because it was obvious to most that it was... uncoinable?
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The term "coin" in my mind means to make it into a vernacular term. If it was so obvious, and it's such a good name that people are willing to go to court over it, then why wasn't it used AT ALL before apple started using it?
Tolyngee said:
Applecation Store would be slang and could be trademarked (hence why I suggested a win/win for Apple to do so), but not App Store. App is just an abbreviation, not slang.

Applecation has a nice douchetastic ring to it too, is obvious that it's Apple's (they'd still trademark it, but I also feel they'd win any lawsuit against the term beforehand though too).

Strange Apple didn't go with it.
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It wasn't used because apple knows how to market a product (unlike 99% of other companies), and they know it sounds like shit.
 
Ryan711 said:
The term "coin" in my mind means to make it into a vernacular term. If it was so obvious, and it's such a good name that people are willing to go to court over it, then why wasn't it used AT ALL before apple started using it?
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The term App was used before Apple started using it. You're trying to take the whole thing together as a single product - "App Store". However, should this be granted, I guarantee you the jackasses would be suing anyone that then tried to use "App Market", "App Central" "App Station" or "App Facility".

This whole fiasco is just Apple doing the douchetastic things that Apple does best.
 
Ryan711 said:
It wasn't used because apple knows how to market a product (unlike 99% of other companies), and they know it sounds like shit.
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Funny. I bet the iShit would still sell like hotcakes.

Apple just makes things douchetastic; I don' think they know how to market a product better, or that the product name "ipod" is the determining factor versus "zune".

Apple is successful in getting their customers to buy multiple versions -- now get this -- of the same exact over-priced product. Apple shareholders may indeed praise Apple for this ability to get people to buy this crap over and over, but you know Jobs' is just thinking "what douchetastic sheeple I have..."

But app rhymes with crap. Applecation is just too complex of a word. Apple knows to keep everything to two syllables: ipod, ipad, iphone, app store.

Actually, I will shut up now. IMO Apple could credibly argue that "app store" keeps to their two-syllable marketing. I don't want to give their lawyers ideas!
 
How about I trademark "Windows" or "Word" or "Surface"? Hello pot, kettle calling...
 
necrosis said:
The key here is Apple applied for a trademark of the name back in 2008.

Now "OMG!" Microsoft is all in a tift because between 2008 and 2011 it became a common word so that should negate the application even tho it was submitted when it was not a common word.

MS needs to go pound sand.
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You shouldn't be able to trademark the name of a store that describe what it sells. Common fucking sense.
 
necrosis said:
The key here is Apple applied for a trademark of the name back in 2008.

Now "OMG!" Microsoft is all in a tift because between 2008 and 2011 it became a common word so that should negate the application even tho it was submitted when it was not a common word.

MS needs to go pound sand.
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OMG! Amateur lawyering! Now is my time to shine.

You are completely wrong. The process of a term becoming generic and losing trademark status has nothing to do with when it was submitted. In fact, the longer ago it was submitted, the more evidence that it has likely become generic. When the word becomes generic, it can lose its trademark.

I am sure you would tell all these other assholes to pound sand with trademarks like:
Escalator (all the common folk have to ride on "moving stairs")
Butterscotch
Yo-yo's
Thermos (look at all those suckers carrying insulated drink containers)
Phillips-head screws (uh, bring me that, screw driver that has a point end, comes to a tip)
Zippers (yeah, not those metal interlocking cloth fasteners on knockoff pants)
http://en.wikipedia.org/wiki/Genericized_trademark

Why do you think Adobe wants people to stop using photoshop as a verb?
 
Replace App Store with Gas Station.

Gas is just an abbreviation for gasoline in the same way App is abbreviation for application.

Would anyone argue that gas station should be trademarked?
 
bighirst said:
Replace App Store with Gas Station.

Gas is just an abbreviation for gasoline in the same way App is abbreviation for application.

Would anyone argue that gas station should be trademarked?
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Stop trying to make sense.
 
I can just hear the lawyers now, "no, please, we have enough money."
 
Marlfox said:
Abbreviation of the word "application" followed by "store". WAY to generic. This is not just against Apple but against any and all entities that try to patent generic words or ideas.
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I'm inclined to agree.
 
I absolutely agree with Microsoft here. iPod and Kleenex are trademarks that became generic terms while both 'app' and 'store' are previously generic terms. In that sense, trademarking 'app store' would be like if someone had trademarked 'online store' in 1996.
 
Katalysis said:
OMG! Amateur lawyering! Now is my time to shine.

You are completely wrong. The process of a term becoming generic and losing trademark status has nothing to do with when it was submitted. In fact, the longer ago it was submitted, the more evidence that it has likely become generic. When the word becomes generic, it can lose its trademark.

Why do you think Adobe wants people to stop using photoshop as a verb?
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Well, with my suggestion that Apple likes two-syllable names, could they possibly trademark "AppStore" with no space? AppStore to me sounds like you're taking two generic nouns (one abbreviated) and making a proper and new noun out of it?

But, then again, since it's for "i" products, why not just call it iStore?

And then again, this also does bring up how was Subway able to get their name trademarked. It's not like people weren't already calling the sandwiches that. I can't see Pizza Hut being allowed to just call themselves Pizza or Burger King just being able to go with Burger. And there's no way a liquor joint could just trademark the name Beer.
 
wfalcon said:
If they wanted "app" to refer to Apple then why the hell didn't they just add the remaining two letters and call it "Apple Store"? Greedy clowns.
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because they wanted it to be App Store, more generic, covers more.
 
i think App Store was intended to have a double meaning. App is not only for App-lication, but also for App-le.

i think it should be trademarked.
 
Just for the sake of doing it...its spelled "Applications"..not "Applecations"...:cool:

Now, if Apple were to spell the programs they use on their devices as "applecations'...then that would just be the sheeps tits IMHO...:p:p:p
 
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