Apple fights to protect the term 'App Store'

Microsoft and Apple are currently embroiled in an interesting dispute over whether "App Store" is registerable as a trademark.

There is no dispute that it was Apple who first coined the phrase "App Store" but should this mean that they are able to prevent others from using the term to describe their software application store? Microsoft obviously think not and in a bid to prevent this from happening, Microsoft have filed a motion with the US Patent and Trademark Office ("USPTO") asking it to reject Apple's application to trademark the term "App Store". You can actually view the motion at www.techflashpodcast.com; it makes an interesting read. Broadly speaking, the basis of Microsoft's motion is that the term "app store" is used generically to refer to a store that sells software applications; much like a "toy store" might be used generically to describe a store that sells toys. As such it would be unfair to allow the term to be trademarked by Apple as this would prevent competitors from using it.

It remains to be seen whether Apple will be successful in its application despite Microsoft's challenge; the USPTO have granted trade marks in the past for generic terms such as "Windows" and "Word" so the jury is still out. One thing is for sure though, with Apple taking almost 30 years to completely settle its dispute with Apple Corps (the company set up by The Beatles) I don't think Apple will be giving up any time soon.