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

neuropsychguy said:
Exactly. It wasn't until I started using OS X, that I really starting calling my 'programs' 'applications.' Even in the old days of Mac operating systems, they were always programs. Apple is really who popularized Applications and Apps. I'm not saying they created those terms but they are largely responsible for their use.
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That's the problem, if they didn't create the term or the usage of the term in this manner, then there is no grounds for a trademark.
 
Trade Marking has become really contentious and a bit stupid lately.

When Donald Trump tried to trademark "You're Fired!" it became clear that the original intent of the trademark has been corrupted over the years.
 
NebulaClash said:
I can't think of even one example of the usage "App Store" or "There's an App for that" before Apple started doing it. So while competitors such as Microsoft might be irritated that they didn't think of it first, Apple really was first. Microsoft wants to copy Apple now and is annoyed that they can't call their store an App Store. Sour grapes.

But if I were Microsoft, I would object too. That is what you do in trademark matters. If you don't, your competitor will win the argument.
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This. I also can't recall ever calling an application an "App" before Apple started using it and others picked up on it. Or at least, I don't remember that term being used often.

Also Microsoft lists a bunch of different "App Stores", but how many of those were around before Apple's? And if any of them where, how many of them were referenced as an "App Store" by the press pre-iTunes App Store?

I can honestly say I don't fully understand how Trademarks applications work and what requirements there are to get one, but in this case with my limited knowledge, I would have to side with Apple.

And sure, "App Store" is pretty generic (perhaps not really if it took until 2008 for a company to use that name), but how is "Windows" not generic as well?

By the way, for those that have stated that Word is trademarked, its not. Excel was just recently trademarked (2004 I believe).
 
You gus are unfair...

How can ms carbon copy apple's success with the app store if this term is trade mark? MS neds to be able to use the term to 1. dilute apple's dominance, and 2. dupe those idiots that may want to believe that MS innovates in any way.
 
apple has full right

today we call all facial tissue "kleenex". today we call all photo copies of documents "xerox copies". all lip balm sticks are known as "chapstick". these names did not become generic on their own. each is the brand name of a game changing product. the app store is not generic. the two words were not used in this way before apple. the app store is a game changing product and apple has every right to own it.
 
tom613 said:
My first thought.

And for all the ones who don't speak English as a native language:
Powerpoint = the holes in your wall where you plug in a device
Excel = to be "excellent" as something
Access = to be granted to do/get something
Word = a construcht of letters
...

anyone wants to continue the list?

btw: I don't speak English as a native language and still "powerpoint" means these e-slides we use on our computer...there was a time when you actually had to write/print slides for a projector...
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If electrical outlets were ever referred to as "powerpoints" it's looong gone out of usage. Same goes for any other usage besides for the software.
 
Geckotek said:
Because "Windows" and "Word" were terms not commonly used for an OS and a word processor. (Ok, the word processor is pretty close...but point still stands).
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Windows was used before. Xerox called the little boxes on their gui "windows" to the computer. There was a lot of pre-existing use of the term windows before Microsoft trademarked it (and they do have a trademark for both Microsoft Windows and just Windows).

In any case, it is hypocritical of Microsoft to object to this, even if it is standard (and probably good) business practice.
 
Perhaps Microsoft would like to relinquish the "Windows" trademark as well, seeing how many people just call any operating system windows. (since they all have little windows in them).

can you put windows on my computer? Which one Microsoft? No no! the one with the apple logo on it? Nah can't do it. it's copyright and it won't run on your crappy old laptop.
 
Full of Win said:
App has been, in general use, for the Mac OS. Windows used the term "Programs" in their ecosystem. (e.g. My Programs vs. Applications). In fact, I have NEVER heard anyone call a Windows program an 'Application'
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NEVER??? Windows 3.1 Program Manager Help:

win31.png
 
Wow, so many trademark attorneys here! LOL

I think Apple has a very good chance of winning this one.
 
netvvork said:
today we call all facial tissue "kleenex". today we call all photo copies of documents "xerox copies". all lip balm sticks are known as "chapstick". these names did not become generic on their own. each is the brand name of a game changing product. the app store is not generic. the two words were not used in this way before apple. the app store is a game changing product and apple has every right to own it.
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And those companies all object to companies who infringe on their trademarks. We use those terms as generics but if any company tried it, they would be sued.
 
netvvork said:
today we call all facial tissue "kleenex". today we call all photo copies of documents "xerox copies". all lip balm sticks are known as "chapstick". these names did not become generic on their own. each is the brand name of a game changing product. the app store is not generic. the two words were not used in this way before apple. the app store is a game changing product and apple has every right to own it.
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100% wrong. If the "App" "Store" is a store selling applications....then it IS in fact generic.

If they called it "Appz Store" or "iApp Store" then this is something they could trademark.

Edit: Also, your examples are bad. Neither Kleenex or Xerox were terms used prior to their being popularized by those companies.
 
pmjoe said:
NEVER??? Windows 3.1 Program Manager Help:

win31.png
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I'm sure people can dig up plenty of other examples too.

But it is true that Application was and is the popular term on Mac, and Program or Executable were the terms generally used in association with Windows. Not that this still has a whole lot to do with this subject.
 
jimmer-uk said:
Actually as a customer I'd like to see the above. Itw ould simplify and streamline the market for all users to just know each company etc has an app store
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As a developer, I say that this would complicate things.

I advertise things as "Available on the App Store"

I don't want consumers being confused and saying they can't find it on their Windows 7 App Store.

I don't want to have to say "Available on the iOS App Store." most consumers don't know what iOS is. iPhone App Store might work, but then iPad users might not realize it's on their store too and I don't want to have to say "Available on the iPhone and iPad App Store."
 
Hm, kinda split on this. However generic it may sound now, when Apple coined it it was original.

And, M$ is just pissed that from all the names for store they created the lamest one, 'Virtual Store for Apps'? Cause, I can totally see myself saying... "Oh, yeah, I just downloaded this to my phone from the virtual store for apps... it's virtual, so I didn't have to go anywhere"
 
neuropsychguy said:
Windows was used before. Xerox called the little boxes on their gui "windows" to the computer. There was a lot of pre-existing use of the term windows before Microsoft trademarked it (and they do have a trademark for both Microsoft Windows and just Windows).

In any case, it is hypocritical of Microsoft to object to this, even if it is standard (and probably good) business practice.
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Good point, I had forgotten.
 
Geckotek said:
100% wrong. If the "App" "Store" is a store selling applications....then it IS in fact generic.

If they called it "Appz Store" or "iApp Store" then this is something they could trademark.
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Their lawyers and numerous existing trademarks disagree with you.
'App Store' is quite trademarkable, but Microsoft has a good opportunity to object.
 
dwd3885 said:
Yea like most of you, I can see it both ways. Apple might as well try to patent it and Microsoft might as well try to object.
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Lawyers will get a few bucks and then it will be settled.

It's a stupid fight.

Apple started 1984 when they called their programs applications and App is just the natural short for it.

Unfortunately the price of success is that when a trademark is used because it is so perfect to describe things it becomes a generic and you lose it:)

MS needs an overhaul and new management. Nothing visionary in a long long time.

But, as long as following and copying still makes money they can sit on their collective butts and wait to see who does what.
 
wheezy said:
Hm, kinda split on this. However generic it may sound now, when Apple coined it it was original.

And, M$ is just pissed that from all the names for store they created the lamest one, 'Virtual Store for Apps'? Cause, I can totally see myself saying... "Oh, yeah, I just downloaded this to my phone from the virtual store for apps... it's virtual, so I didn't have to go anywhere"
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M$ could just rename it virtual app store. sounds much better
 
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