Apple first applied for the App Store trademark back in 2008, when they first launched it on their devices. Last month it was revealed that Microsoft had moved to oppose the company’s application arguing the words ‘App Store’ were too generic and should be allowed for other retailers.
Now it seems in response to this argument Apple are battling back and in defense of their application have argued that the term ‘Windows’ is generic and ‘faced a decades-long genericness challenge’ against its claim, yet was able to retain the trademark.
As Slashgear reports, Apple argue that this is a ‘perfect example’ of why they should also get to claim the ‘App Store’ term. They say Microsoft do not have a substantial enough argument to suggest how generic the term is to the public.
A linguistics expert’s testimony insists that use of the term ‘App Store’ is ‘as a proper noun in description of Apple’s software store.’ This will be used in Apple’s defense and the USPTO will make the decision of whether they get the term or not.
Do you think Apple should get the trademark or is the term App Store too generic? Let us know what you think.
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