Microsoft Takes Issue With Apple’s App Store

On January 10th, 2011, Microsoft filed a Motion for Summary Judgment at the USPTO’s Trademark Trial and Appeal Board challenging Apple’s attempts to own exclusive rights to the term App Store.  Microsoft argues that App Store is a generic term incapable of functioning as a trademark and therefore should not be taken out of the public domain.  Apple’s response (which it has yet to file) will most certainly argue that the term is not generic and that because of its widespread use by Apple the term has acquired secondary meaning (i.e., that the public associates the term with Apple’s goods and services and not as a descriptive moniker).  If Apple can show secondary meaning/acquired distinctiveness, the application will most likely register.  Microsoft’s Motion is here: MSFT Motion Appstore