Apple responds to Microsoft's 'app store' trademark suit

Apple has filed a formal response to Microsoft's attempt to block Apple registering 'app store' as a trademark.

Apple said in the filing that Microsoft offered "misleading" information in its January filing with the US Patent and Trademark Office. Microsoft argued that Apple should not be awarded a patent for 'App Store' as the term is generic.

Apple has used 'App Store' as the name for its online iOS application stores since 2008. Originally used for iPhone applications, the service was later expanded to cover the iPod Touch and iPad devices. Most recently, the company has extended the brand to a Macintosh application store.

In the 63-page response filing (PDF) Apple accuses Microsoft of "missing the forest for the trees" and failing to prove that 'app store' should be considered a general term rather than a specific service.

"At most, Microsoft demonstrates that the term 'app store' describes the nature of Apple's online software marketplace," Apple argued.

"It falls far short of proving by clear and convincing evidence that a majority of the
relevant public uses the term 'app store' generically for any online software marketplace."

A Microsoft spokesperson told V3.co.uk that it will press forward with the campaign despite Apple's filing.

"We remain confident in our case and believe that the term 'app store' should continue to be available for use by all without fear of reprisal by Apple," the spokesperson said.

"We will continue to move forward with the trademark opposition proceeding in the Trademark Trial and Appeal Board."