Microsoft files opposition with USPTO over Apple’s App Store trademark application

By Stephany Nunneley, Wednesday, 12 January 2011 18:46 GMT

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Microsoft as filed a motion for summary judgment with the US Patent and Trademark Office over Apple’s application to trademark the term “App Store”. According to the filing, Microsoft believes App Store is considered a generic term and competitors other than Apple should have free rein to use it.

In its motion, which has an opposition pending on the USPTO, Microsoft claims both the words “app” and “store” are a generic terms and cite a quote from Apple CEO Steve Jobs where he said in an interview that “Amazon, Verizon and Vodafone have all announced that they are creating their own app stores for Android.”

“‘App store’ is a generic name that Apple should not be permitted to usurp for its exclusive use,” said Microsoft. “Competitors should be free to use ‘app store’ to identify their own stores and the services offered in conjunction with those stores.”

Microsoft launched its own “app store” late last year when Windows Phone 7 devices went on sale.

Apple applied for the App Store trademark back in 2008 for its “retail store services featuring computer software provided via the internet and other computer and electronic communication networks”.

Seattle-based news site TechFlashPodcast reported on Microsoft’s filing.

You can view Microsoft’s filing in lovely PDF format here.

Thanks, Network World.

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