Several large technology companies such as Microsoft and Sony Ericsson have filed applications at the European Trademark Office seeking to invalidate Apple’s obtained rights to the trademarks ‘App Store’ and ‘Appstore.’
On 12 May, Microsoft, HTC, Nokia and Sony Ericsson each filed formal applications for declaration of invalidity in the Community Trade Mark office (formally known as OHIM, the Office for Harmonisation of the Internal Market) to challenge Apple’s obtained rights to the trademarks ‘App Store’ and ‘Appstore’ in the European market, according to a Microsoft spokesperson. Amazon initiated similar proceedings at OHIM on April 14. The companies are seeking to invalidate Apple’s trademark registration, claiming the trademarks should not have been granted because they lack distinctiveness.
“Microsoft and other leading technology companies are seeking to invalidate Apple’s trademark registrations for APP STORE and APPSTORE before the European Community Trademark Office,” said the Microsoft spokesperson. “Apple has claimed that it alone has the right to use the phrase ‘App Store.’” The filings “demonstrate the breadth of opposition to Apple’s unsupportable claim of exclusivity. ‘App store,’ like “toy store” or ‘book store,’ is a generic term that should continue to be available for everyone to use for stores that sell apps.”
The lawyer’s translation of the original French filing is available here.