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Apple defends brand name “App Store”

Apple has responded to Microsoft’s appeal against his application for the trademark “App Store”. The allegation that the term is too broad and could not be protected, has the company in a written statement (PDF) with a reference to Microsoft’s own trademark “Windows” back.

Microsoft itself had to for decades to defend the trademark “Windows” and knew therefore that there is going to an evaluation of the brand as a whole – and about how they may be received by a relevant majority of the public, according to the pleading of Apple. “Microsoft, which does not see the forest for the trees, has not built its appeal on an extensive review of what the relevant public understands the term ‘App Store’.”

Apple also states that providers like Google, Nokia, Research In Motion and Microsoft now chat online shops for mobile applications. “As Microsoft has established for itself, the competitors have found ways to give their own online marketplaces name without using the term ‘App Store’,” writes Apple. Microsoft used the term “Market Place” for his service and describe him as a “virtual store for apps.”

Microsoft is sticking to his argument. “We remain optimistic and believe that the term ‘App Store’ should continue to be free, without having to reckon with reprisals by Apple need,” said a spokesman of the company to ZDNet. “We appeal to our complaints department of the U.S. patent office will pursue.”

Apple had filed the application for the trademark “App Store” a week after the start of the marketplace for iPhone Apps in 2008 with the U.S. Patent Office. Hence, it is the “App Store” an e-commerce site, the “Services like the Internet and other electronic communications networks provided computer software” offers.

In January, Microsoft had filed a complaint with the office of the Patent Office written protest. The company argued that was “App Store” is a general term for a store offering applications. He could not be used for supplementary services such as searching for or downloading of applications protected from such stores. Microsoft also refers in his complaint to the Patent Office rejected trademark for “The Computer Store” (“the computer store”) and “Log Cabin Homes” (like “cabin sale”).

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