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"Windows" is a trademark (http://www.microsoft.com/about/legal/en/us/IntellectualProperty/Trademarks/Usage/Windows.aspx http://www.microsoft.com/about/legal/en/

"Windows" is a trademark (http://www.microsoft.com/about/legal/en/us/IntellectualProperty/Trademarks/Usage/Windows.aspx http://www.microsoft.com/about/legal/en/us/IntellectualPrope...), so how do you explain that? If windows is not a generic word, it must be because it's applied in a specific context (a window manager). So then, possibly an "app store" doesn't just mean a store on Main St, that happens to have applications on its shelves, but a novel concept worthy of a trademark?

kenjackson 16y ago
You probably couldn't trademark the name of a company that made glass windows as "Windows". Nor could you name a product that was a glass window as "Windows". That's the difference.
- pyre 16y ago
  I.e. I couldn't name my grocery store "Grocer Store" and then try to trademark the term...
Kylekramer 16y ago
Windows is a branding of an OS based on one specific element. It isn't like Microsoft sues Apple for any references to a window in Mac documentation. App Store is a branding of an application store. The operating system equal would being someone trying to trademark Operating Sys or something of the like, not trying to brand a generic word.
grellas 16y ago
Your question is a very good one. A term that is primarily descriptive cannot be registered as a trademark on the primary register with the USPTO. However, if a vendor spends a lot in advertising over a substantial time such that the public comes to identify the relevant term with one vendor and not as a primarily descriptive term, then that item is said to acquire "secondary meaning." Once a primarily descriptive term acquires secondary meaning of this type, it can be registered on the primary register. Context matters here as well because marks are registered in revelant "classes" of goods or services. Thus, for Microsoft, "Windows" eventually acquired secondary meaning in the world of computer software (but not as applied to window installation in the building industry). Others can freely use "windows" in most any category of goods or services they want in the building trades but, given that the term "Windows" is now exclusively associated with a product from Microsoft in that class, not in the class of computer goods to which "Windows" belongs. Other well-known secondary-meaning marks: "Holiday Inn," Subway's "Footlong" sandwich, many others.
- mambo69 16y ago
  How did Facebook manage to acquire secondary meaning for the the name, when the term "face book" existed as a descriptive term for the exact same thing that sucker-borg created a variation of?
  - recoiledsnake 16y ago
    If Facebook sues people making face books, then you'll have a point. It's about co-opting naturally occurring words and then preventing people from using them to describe things naturally.
- ericd 16y ago
  Would the fact that "app" has been used as a shortened form of "application" in "web app"/"web application" have any bearing on it's ability be trademarked? Is it specifically for the combination "app store"? It would seem to me that its primary meaning is what they're trying to trademark, because it's bluntly self-descriptive.
- staunch 16y ago
  Apple has successfully promoted the heck out of name "App Store" and spent a fortune doing so. If that's the criteria they have a solid case.
  - seanalltogether 16y ago
    Apple has been very inconsistent on their use of it though. Originally you just searched for apps in iTunes Store. Then I believe it changed to iTunes App Store. And now they have a Mac App Store. the other point is that apple refers to them as 'apps' in a generic sense and not something like 'App Store applications'
    - mambodog 16y ago
      Was it not always called 'App Store' on the phone/ipod? http://en.wikipedia.org/wiki/IOS_version_history#2.x:_Second_major_release_of_the_OS http://en.wikipedia.org/wiki/IOS_version_history#2.x:_Second...
recoiledsnake 16y ago
First of all "Windows" itself doesn't mean an OS. You can argue that OSes have generic GUI windows, but Microsoft is not suing to prevent Gnome from calling itself a window manager with application windows. "Windows" is a trademark for an operating system. >So then, possibly an "app store" doesn't just mean a store on Main St, that happens to have applications on its shelves, but a novel concept worthy of a trademark? Well, store doesn't really mean only physical stores right? There are a bunch of online shops calling themselves stores from the 90s.

kenjackson 16y ago

You probably couldn't trademark the name of a company that made glass windows as "Windows". Nor could you name a product that was a glass window as "Windows". That's the difference.

pyre 16y ago
I.e. I couldn't name my grocery store "Grocer Store" and then try to trademark the term...

Kylekramer 16y ago

Windows is a branding of an OS based on one specific element. It isn't like Microsoft sues Apple for any references to a window in Mac documentation. App Store is a branding of an application store. The operating system equal would being someone trying to trademark Operating Sys or something of the like, not trying to brand a generic word.

grellas 16y ago

Your question is a very good one. A term that is primarily descriptive cannot be registered as a trademark on the primary register with the USPTO. However, if a vendor spends a lot in advertising over a substantial time such that the public comes to identify the relevant term with one vendor and not as a primarily descriptive term, then that item is said to acquire "secondary meaning." Once a primarily descriptive term acquires secondary meaning of this type, it can be registered on the primary register. Context matters here as well because marks are registered in revelant "classes" of goods or services. Thus, for Microsoft, "Windows" eventually acquired secondary meaning in the world of computer software (but not as applied to window installation in the building industry). Others can freely use "windows" in most any category of goods or services they want in the building trades but, given that the term "Windows" is now exclusively associated with a product from Microsoft in that class, not in the class of computer goods to which "Windows" belongs. Other well-known secondary-meaning marks: "Holiday Inn," Subway's "Footlong" sandwich, many others.

mambo69 16y ago
How did Facebook manage to acquire secondary meaning for the the name, when the term "face book" existed as a descriptive term for the exact same thing that sucker-borg created a variation of?
- recoiledsnake 16y ago
  If Facebook sues people making face books, then you'll have a point. It's about co-opting naturally occurring words and then preventing people from using them to describe things naturally.
ericd 16y ago
Would the fact that "app" has been used as a shortened form of "application" in "web app"/"web application" have any bearing on it's ability be trademarked? Is it specifically for the combination "app store"? It would seem to me that its primary meaning is what they're trying to trademark, because it's bluntly self-descriptive.
staunch 16y ago
Apple has successfully promoted the heck out of name "App Store" and spent a fortune doing so. If that's the criteria they have a solid case.
- seanalltogether 16y ago
  Apple has been very inconsistent on their use of it though. Originally you just searched for apps in iTunes Store. Then I believe it changed to iTunes App Store. And now they have a Mac App Store. the other point is that apple refers to them as 'apps' in a generic sense and not something like 'App Store applications'
  - mambodog 16y ago
    Was it not always called 'App Store' on the phone/ipod? http://en.wikipedia.org/wiki/IOS_version_history#2.x:_Second_major_release_of_the_OS http://en.wikipedia.org/wiki/IOS_version_history#2.x:_Second...

recoiledsnake 16y ago

First of all "Windows" itself doesn't mean an OS. You can argue that OSes have generic GUI windows, but Microsoft is not suing to prevent Gnome from calling itself a window manager with application windows. "Windows" is a trademark for an operating system. >So then, possibly an "app store" doesn't just mean a store on Main St, that happens to have applications on its shelves, but a novel concept worthy of a trademark? Well, store doesn't really mean only physical stores right? There are a bunch of online shops calling themselves stores from the 90s.