Apple has argued saying that when they initially filed the application for the trade mark in 2008 the term “APP STORE” wasn’t a common term used. They also said that they had been using the term before they even filed the application and that was how consumers distinguished that it was an Apple service.
However, the Court has come back saying that the term “APP STORE” is really only an “expression to describe a store” where customers can use the service. The court has also said that the words were only put to use 8 days before the initial application therefore there isn’t enough evidence to suggest that “APP STORE” in that short amount of time could be distinguished as a Apple’s Service.
Apple still has trade marks for “Appstore” and the logo “Available on the App Store”.