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Microsoft: Apple can't claim exclusive rights to ‘App Store’

Should the phrase “App Store” be Apple's alone?  Microsoft says no, and it's fighting for the right to use those words for its own mobile application store.  —  The Redmond company this week escalated its battle against Apple's attempt …

TechFlash Todd Bishop

Context & Ripple Effects

This filing is the legal chapter in an Apple–Microsoft rivalry that has been running hot since at least July 2009, when Apple demanded Redmond pull its Laptop Hunters ads, and October 2010, when the two companies staged direct retail battles near the Mall of America. Now the fight moves from marketing and storefronts to the trademark register itself.

The stakes are naming rights for an entire product category: Apple filed to lock up 'App Store' as its own mark, and Microsoft — which operates its own mobile application marketplace — formally objected this week so it can keep using the phrase. The dispute matters because whoever wins sets the vocabulary every competitor uses for app marketplaces.

First-order effects

  • Microsoft gains standing to use 'App Store' generically in marketing for its own mobile application store, removing a branding constraint Apple's filing would have imposed.
  • Apple must now defend the application through the trademark process rather than rely on the filing alone, committing legal resources against its largest software rival.

Second-order effects

  • Other platform holders watching the dispute get cover to treat 'app store' as a common industry term rather than Apple property, weakening the filing's deterrent value beyond Microsoft.
  • The clash adds litigation friction to a relationship already strained by ad disputes and retail competition, raising the cost of any future licensing or partnership conversations between the two.

Third-order effects

  • If descriptive product-category names keep getting contested at the trademark office, app-marketplace naming becomes a recurring battleground where generic terms are fought over like brand assets.
  • A pattern of big-platform trademark objections could push regulators toward stricter scrutiny of filings on widely used descriptive phrases, though how courts weigh 'genericness' claims stays genuinely unsettled.

The trend: Platform owners are increasingly contesting ownership of category-defining names at the trademark office, turning shared vocabulary into a legal asset in the mobile ecosystem wars.