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?
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”?
game_grab?
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
The Games Market sounds awesome.
They should change it to “Appl Store” for added Apple trolling (and subtracted copyright infringement).
“App Store” should not be allowed to be copyrighted…That to me is like copyrighting “Fridge Store” or “Download Site” — surely that shouldn’t be allowed…
Just “Yoyo Store” sounds better to me anyway…
People would come to buy YoYo’s :/
Sometimes it’s tricky to link to USPTO pages because of session handling. TDR and TARR pages are your best bets.
http://tmportal.uspto.gov/external/portal/tow?SELECT=US+Serial+No&TEXT=77525433#
http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=77525433
Or that:
http://tmportal.uspto.gov/external/portal/tow?SRCH=Y&isSubmitted=true&details=&SELECT=US+Serial+No&TEXT=77525433
Or just search for US trademark 77525433 if all else fails as hard as the USPTO.
Pathetic of Apple…
What should people call a Store where you buy Applications then?
Maybe I’m gonna get a trademark on Cloth Store
The fact is it is a registered mark in the EU.
YoYo tried to get a trademark on Game Maker but that was refused, see http://oami.europa.eu/search/LegalDocs/la/en_Refused_Search.cfm?applicationNo_Option=IS&applicationNo=005646583&orderby_option=DATE_DESC presumably because of its generic nature. Perhaps “App” was not considered to be a word so the registration was allowed.
Surely App is short for application – a very general term and thus uncopyrightable?
We’re living in a world where a tosser by the name of Tim Langdell has trademarked the word “Edge” and has sued a number of people for their use of it in games (including independently developed ones).
Well, the Edge thing is absurd, though this is the first I’ve heard of it; but as Phil said, App could be considered different enough from the regular word. If you were to actually call it “Application Store” I doubt you’d run into much trouble.
Similarly, you can’t trademark “Cloth Store”, but you probably could if you invented an abbreviation like “Clostore”, even though that sounds terrible.
Spokesperson is not an attorney.
They could just call it “Game Bazaar”. Way cooler name in my opinion.
Seconded.
Too hard to spell, IMHO.
Way better name.
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.
Oh crap. It just hit the fan for yoyo.