Apple was handed a setback in Australia on Wednesday when a Federal Court judge rejected Apple’s appeal as the company tries to trademark the term “app store” in the country. The news of the rejection was first reported by The Sydney Morning Herald.
Apple originally applied for the “app store” trademark earlier this year, but its application was rejected by the Registrar of Trade Marks, which claimed it was too descriptive. Federal Justice Yates agreed with the earlier decision, dismissing the appeal and ordering Apple to pay the court costs for the Registrar of Trade Marks.
“Apple has not established that, because of the extent to which it has used the [trade]mark before the filing date, it does distinguish the designated services as being Apple’s services,” Justice Yates said.
“It follows that APP STORE must be taken as not being capable of distinguishing the designated services as Apple’s services. The application must, therefore, be rejected.”
Apple can still use the term “app store” in Australia, but it cannot prevent other competing services from using the same term. This battle in Australia is part of a larger push by Apple to control the term “app store” globally. The Cupertino company has faced similar challenges both in the US and the EU.
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