Apple has fought back against claims made by Microsoft that 'App Store' is too generic a term to be trademarked by the iPhone maker.
In a filing made with the US Patent and Trademark Office, Apple said that Microsoft failed to give concrete evidence from established authorities that App Store was a generic term.
When Apple filed for a trademark for the term, software giant Microsoft argued that the term was widely used by individuals and news agencies when referring to any online platform that offered mobile apps for purchase and download.
Apple said that Microsoft trademarking the term 'Windows' was the perfect example of why Apple should be allowed to trademark the term.
“Having itself faced a decades-long genericness challenge to its claimed WINDOWS mark, Microsoft should be well aware that the focus in evaluating genericness is on the mark as a whole and requires a fact-intensive assessment of the primary significance of the term to a substantial majority of the relevant public,” Apple said in the filing.
The company also added that Microsoft had not based its claims on how the general public understands the term App Store as a whole.
Apple also had a linguistic expert Dr. Robert Leonard comb the Corpus of Contemporary American English (COCA). The expert found that 88 percent of the references made to App Store were made keeping in mind Apple's online iOS application store, The Register reports.