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Microsoft Objects to Apple's 'App Store' Trademark Application

iTravis said:
And that's WHY we are saying they SHOULD trademark it.

NO ONE used it before, now that Apple made it popular it should be "Fair use"- - - No.

That's why things get Patents and Copyright. Believe it or not but Microsoft seems like the only loser here. Instead of fighting with Apple they should be caring about getting Copy and Paste to it's customers.

I really don't understand why some of you are missing this point. Lulz this is so funny.
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Ironic that you call out others for missing a point when you're having such a hard time grasping it. Let me spell it out for you. The word "App" refers to an application. It is a term that is widely used in the computer and cell phone industries to refer to applications created by all sorts of developers, not just apple. Store, refers to a place to purchase things, all sorts of things, not just things made by apple. "App store" therefore refers to a place to purchase applications, not just those made by apple. It is a commonly used term in the media and the internet in general. Therefore, apple should not be allowed to patent the term.

Allowing apple to patent "App store" would be similar to allowing Ford to patent the word "car." Just because "App store" was first used in the context of Apple's products doesn't mean they should be permitted to patent a generic term.
 
Wirelessly posted (Mozilla/5.0 (iPhone; U; CPU iPhone OS 4_1 like Mac OS X; en-us) AppleWebKit/532.9 (KHTML, like Gecko) Version/4.0.5 Mobile/8B117 Safari/6531.22.7)

Cmon you guys who can blame M$ here? Even though apple deserves it they have to at least try and stop them. It's what competitors do. The other companies already use names like marketplace or market so there's no problem ;)
 
iTravis said:
1. How many companies sold Apps through a mobile device and called their store "App Store"?

2. Apple took several years, correct. But Microsoft currently doesn't have it so this point is irrelevant.

3. The next update isn't present therefore this is also invalid.

Like I said we will see. Lol
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Trade markets are not patents. Prior Art is not required.
App Store is to generic to Trademarket. Apple could trademark the font they use color and so on with it but they can not trade market the phase "App store" as it is to generic.
Just like Google can not trademark "go google it" Google has no way to stop people from turning their name into a verb. Now one can use the color set up or name themselves Google. but they can not stop companies from saying go google it.
 
I wonder why Microsoft is doing this when this trademarked "Office" "Word" and much much other things that are also generic....

Seems the lack of creativity coupled with the fact that the Microsoft Windows Phone store sounds more like a place to buy groceries and Walmart.... Marketplace....
 
samcraig said:
#1 is irrelevant to the petition
#2 huh? how convenient for you. It's entirely relevant.
#3 see #2.

No point in arguing with you. You and HLDan can enjoy each other's company there.
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Sam, I'm actually enjoying this. I was being serious.

How many companies sold apps through a store called App Store? If you answer this question it'll tell you the phrase wasn't as generic as some of you think.

I don't feel like we're arguing, this is a forum - everything is a debate. Further more I'm snowed in in NYC with nothing else to do! :)
 
notabadname said:
This is irrelevant if Oracle didn't trademark. It is not whether "App" had ever been used (and "App Store" had not) anymore than if "Marketplace" had been used. Apple filed for their protection on July 17, 2008. They are not trying to trademark App (APP is filed for by Aluminum Precision Products) and they are of course not trying to trademark "Store". Just the combination, so that really makes the Oracle use of "App" irrelevant.
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This is a large thread with many chains of thought and not all are about the 'app store'. it is relevant to those who posted trying to state the fact that Apple invented the term app.
 
jav6454 said:
I wonder why Microsoft is doing this when this trademarked "Office" "Word" and much much other things that are also generic....

Seems the lack of creativity coupled with the fact that the Microsoft Windows Phone store sounds more like a place to buy groceries and Walmart.... Marketplace....
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Umm Jav multiple times in thise thread it has been pointed out MS does not own a trademark on "Office" or "Word"

They own a trademark on "MS Office" and "MS Word"
They also own a trade mark on the font and color of Word just like Office. But it is not on the word themselves.
 
jav6454 said:
I wonder why Microsoft is doing this when this trademarked "Office" "Word" and much much other things that are also generic....
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"Office" is not generic. At the time they got the trademark, MS Office was a type of "productivity suite" or "software suite," not a type of "office." Arguably now people call these things "office suites," which is closer to generic.

"Word" is not generic. "Word" is a brand of "word processor," not a brand of "word."
 
BigJimmyC said:
Ironic that you call out others for missing a point when you're having such a hard time grasping it. Let me spell it out for you. The word "App" refers to an application. It is a term that is widely used in the computer and cell phone industries to refer to applications created by all sorts of developers, not just apple. Store, refers to a place to purchase things, all sorts of things, not just things made by apple. "App store" therefore refers to a place to purchase applications, not just those made by apple. It is a commonly used term in the media and the internet in general. Therefore, apple should not be allowed to patent the term.

Allowing apple to patent "App store" would be similar to allowing Ford to patent the word "car." Just because "App store" was first used in the context of Apple's products doesn't mean they should be permitted to patent a generic term.
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iTravis said:
I understand that. I said that because if everything becomes fair use what's the use for trademarks, patents and copyrights?

That's my point. Apple didn't invent the word but they are the ones who market their store as "The App Store" - It shouldn't be fair use because no one ever marketed their app stores as just "App Stores".
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And they're trademarking it. . . not trying to patent it. Huge difference.
 
cmaier said:
"Office" is not generic. At the time they got the trademark, MS Office was a type of "productivity suite" or "software suite," not a type of "office." Arguably now people call these things "office suites," which is closer to generic.

"Word" is not generic. "Word" is a brand of "word processor," not a brand of "word."
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Bingo. I explained this in another response way way back. Look at the time when MS trademarked this stuff. Of course these days it looks ridiculous but back in the early 80's and it made more sense.
 
cmaier said:
"Office" is not generic. At the time they got the trademark, MS Office was a type of "productivity suite" or "software suite," not a type of "office." Arguably now people call these things "office suites," which is closer to generic.

"Word" is not generic. "Word" is a brand of "word processor," not a brand of "word."
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Can someone tell me where on here WORD is trademarked by MS?

http://www.microsoft.com/about/legal/en/us/IntellectualProperty/Trademarks/EN-US.aspx

Same with OFFICE


Logos yes- but words - not so much... unless I'm missing something.. please - someone enlighten me
 
HLdan said:
Nah, my logic isn't off but you should take a look at what you wrote and then you'll easily have the answer to your own question. My question to you is why didn't Microsoft cry foul long before the App Store had any success? In fact, Apple announced the App Store weeks before it went into business so Microsoft had a chance to say something then, they didn't. Why?? Again, if Apple's App Store wouldn't have had any success MS would've kept their mouths closed. It's all about jealousy.
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Ok, I see what I'm dealing with here if you can't see that Microsoft has nothing against Apple using the name App Store, but rather trade marking it. Like others have said, it's like a convenience store owner trade marketing the term "Convenience store." Or "Clothing store." Like I've said earlier, I've even seen old interviews of Bill Gates calling programs applications.
 
Though I try to never get into this mindless bickering on these threads...I am perfectly fine with Apple trademarking the term. Sure some people did refer to software as apps. No one ever called anything an App Store though, not to the point that Apple has popularized it. Before the iPhone the term "App" was not nearly as widely used.

Sure now in 2011 we can say the word App and think of it for many things but Apple is responsible for changing that trend. Microsoft, Google, RIM and all the rest of them can call their stores or marketplaces whatever they want...it's not going to effect their ability to be successful if they can't call it the "M$ App Store".

It's all just irrelevant toying between the superpowers.

:apple:
 
notabadname said:
I agree with Apple on principal. They developed a recognizable brand and product, a name for which has never been used by anyone. Now, with it's market presence, others want to capitalize on the enormous capital Apple has invested in the brand. It is a short-cut to greater success for their own products.

I like Apple, because, in their phone and computers I see a top product. Similarly I like Microsoft for their XBox 360. They have THE best (IMO) game system, in particular because of its "Live" integration and "Marketplace". Two other generic terms that they have developed and expended massive capital on. They should be equally protected. But hey, "Live" has always referred, in the world of media, radio, tv and streaming to the same "immediacy" of broadcast/connection. Yet, even that word is protected by Microsoft. But I think it is fair, because they coined it's use, relative to gaming.
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Neither "Live", nor "Marketplace" are trademarked by Microsoft:
http://www.microsoft.com/about/legal/en/us/IntellectualProperty/Trademarks/EN-US.aspx

That is because they are just that, generic. That means anyone can use them. And that is what Microsoft want with "App Store". It doesn't mean Microsoft plans to rename its store. They just want anyone to be able to refer to any app store as an app store.
 
The real reason MS is crying now is because of the MAS. They know that everybody associates a successful App Store with Apple and this is a threat to the PC market/mindshare.
 
ajsnow6234 said:
Though I try to never get into this mindless bickering on these threads...I am perfectly fine with Apple trademarking the term. Sure some people did refer to software as apps. No one ever called anything an App Store though, not to the point that Apple has popularized it. Before the iPhone the term "App" was not nearly as widely used.

Sure now in 2011 we can say the word App and think of it for many things but Apple is responsible for changing that trend. Microsoft, Google, RIM and all the rest of them can call their stores or marketplaces whatever they want...it's not going to effect their ability to be successful if they can't call it the "M$ App Store".

It's all just irrelevant toying between the superpowers.

:apple:
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It does. App will say App Store is trademark.

Simple fact is unlike Patents you can loss your trademark if the term become generic. the word kleenex is not trademark. The logo and font of it is. But the word has generic now days.

Or you can go wiht Scott tape. Go to the store and look at the off brand Scott Tape. It all saws Scotts tape on them. Not in the logo or color formate of hte brand name one.

There is also Duct Tape. Guess what no matter what brand it is still call "Duct Tape." Shall I go on to different things that loss their trademark word because of the generic use of it in the world.
 
jimmy75 said:
The box store and the container store are active trademarks for stores but again I don't think these things should be but they are
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It's important to notice that the trademarks in these case are for "The box store" and "The container store". If Apple was applying for "The App Store", it would be a different thing.
 
trigonometry said:
The real reason MS is crying now is because of the MAS. They know that everybody associates a successful App Store with Apple and this is a threat to the PC market/mindshare.
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"Microsoft signaled its opposition to the trademark approval in July of last year, and followed that up with the motion for summary judgment filed earlier this week in an effort to speed the dismissal of the trademark using the argument that generic terms can not be protected even if they have achieved notability."

True - they followed up after MAS... but clearly they objected well before MAS hit the public...
 
Snookerman said:
They just want anyone to be able to refer to any app store as an app store.
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So your hypothesis for why MS does this is to be nice to everyone else. If you said you got your software from an app store before apple introduced it you would have gotten some weird looks.
 
First rule of business. Always protect your brand.

If you are Kleenex, you make sure everyone refers to it as the Facial Tissue industry.

If you are Band-Aid, you make sure everyone else refers to it as the Adhesive Bandage industry.

Apple needs to make sure that everyone knows that the industry is Mobile Software. That they recognize the products that the Mobile Software industry sells are Applications. But they were the first to use a slang word "App". Now, were they first in all industries to use the word "App"? I don't know. But they were first to put App with Store. Google put App with Marketplace.

I concede that "App Store" might be too generic, and Apple might have to refer to it as the iOS App Store (Not too big of a deal since they now have the Mac App Store.)

But I think Apple should be given rights to use the generic "App Store" as a formal name and competitors should be allowed to use "app store" to describe their marketplace. The Windows Phone 7 App Store. If the competitors qualify what kind of app store it is, I think it's fine.
 
Rodimus Prime said:
Yet again it needs to be pointed out MS does not own a trade market on Windows.

The own trademarkets on "Microsoft Windows", "Windows XP", "Windows Vista", "Windows 7", Windows Phone 7"

I put quotes over the entire trade mark but noticed the bold words. Those are words other than Windows in each of the trademarks. With out those extra bolded worlds it is not a trademark volition.

Apple could trade market "The App Store" but they want App Store because they can stop anyone from using that generic and good description of it and "The App Store" would only be in volition if they used the name "The App Store"

Now if you use Windows in MS font then yes that is a breaking the trade market but it requires a lot more than just the word Windows.
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Well spoken!

However, I believe "Windows" (on its own) is indeed trademarked. Here is a list of Microsoft trademarks, where "Windows" appears: http://www.microsoft.com/about/legal/en/us/IntellectualProperty/Trademarks/EN-US.aspx
And here is a guidelines page, where Microsoft clearly writes: "Windows is a registered trademark of Microsoft Corporation in the United States and other countries."
http://www.microsoft.com/about/legal/en/us/IntellectualProperty/Trademarks/Usage/Windows.aspx
 
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