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Apple loses the exclusivity of the “App Store” brand in Australia

Apple loses the exclusivity of the “App Store” brand in Australia

The Australian court has decided that the “App Store” brand is too generic and not exclusive to Apple

With the birth of the App Store on July 10, 2008, the boom in apps not only boosted iPhone sales incredibly, but also spread to other platforms such as Android and later Windows Phone. Since then, each company has named its app store in a different way, being the Google Play Store the one that is closer in terms of number of applications to that of Apple.

However, it seems that Australian justice does not agree with Apple appropriating the “App Store” brand, because according to his criteria it is too generic a term. Apparently the Australian Trademark Office rejected the “App Store” trademark some time ago when Apple went to register it in May last year. The reason is that it was too descriptive.

It was then that Apple decided to go to court in Australia demanding the registration of the trademark of its application store in the territory, as it has managed to do without problems in most countries of the world. However, a few days ago the court decided to dismiss the company’s petition, so not only will they not be able to register the trademark in the country, but they will also have to pay the costs of the process to the Trademark Registration Office.

This judicial decision basically implies that Apple will be able to continue using the name “App Store” without problems in the country, although you cannot prohibit other companies from doing the same. That is, it is understood that the term is too generic and that Apple has no right to appropriate it.

Other companies may use the “App Store” brand in Australia and Apple will not be able to prevent this

The court has explained in its resolution that consumers understand that the term “App Store” refers to any online source of applications for any platform, so there is no risk that they could be confused by thinking that they were buying in the Apple store when in fact they were doing it in another platform.

As pointed out from 9to5Mac, a similar case occurred in the United States in 2011, in which Microsoft and Amazon disputed to use the same term, although the court finally upheld Apple’s requests and continued to grant the rights to the brand.