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“App Store” is a Registered Trademark of Apple Inc

Earlier today YoYo Games announced the launch of the “YoYo Games App Store” from which Game Maker 7 for Mac can be downloaded.

However “App Store” has been registered as a trademark by Apple in the EU.  In the United States the mark’s current status is listed as “An opposition is now pending at the Trademark Trial and Appeal Board.” “App Store” is also listed as a Service Mark on Apple’s official list of trademarks.

Here is the link to the entry at the United States Patent and Trademark Office.   There is no linkable URL for the EU database but you can find it by searching for “App Store” here.

Here is one of the three sections relating to the trademark application at the USPTO.

“IC 035. US 100 101 102. G & S: Retail store services featuring computer software provided via the internet and other computer and electronic communication networks; Retail store services featuring computer software for use on handheld mobile digital electronic devices and other consumer electronics. FIRST USE: 20080306. FIRST USE IN COMMERCE: 20080710”

A foolish and potentially dangerous oversight by YoYo Games?

What do you think?

23 Comments

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  1. They should give it a name like Steam and Impulse that don’t directly indicate it’s a store, but are clever plays off the company name/theme. Perhaps after a GML function. “instance_create” sounds good. Or they could follow that form even if it’s not an actual function. “game_get”?

  2. App Store doesn’t really fit for this anyway since most the applications other than games being put up will probably be Game Maker versions haha.

    Here’s some ideas –

    YYG Store
    The Marketplace
    The Games Market
    YoYoShop

  3. Pathetic of Apple…
    What should people call a Store where you buy Applications then?
    Maybe I’m gonna get a trademark on Cloth Store

  4. That US patent website says App Store is taken, but Appstore is not.. Perhaps YYG could simply rename to that? Or they could try thinking of an actual creative/original name.

    • I don’t think USPTO distinguishes between the two spellings. A good rule of thumb is, if it is possible for them to be confused with each other by hearing them spoken, they are the same/infringing.

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