Apple, MS in trademark row

, Apple is defending its effort to trademark the phrase 'App Store' against a Microsoft challenge, arguing the term is no more generic than the software giant's trademarked 'Windows', reports Cnet.

Apple applied for the trademark in 2008, prompting a challenge by Microsoft, which contended the phrase is too generic to register and would restrict competitors' ability to describe their own services.

In a filing with the US Patent and Trademark Office, Apple demands the challenge be dismissed and has hit back at Microsoft, labelling its most prominent trademark, 'Windows', as being generic.

In a report by The Huffington Post, Apple argues that just because the terms 'app' and 'store' by themselves might be considered generic, doesn't mean that 'App Store' is as well.

According to The Register, Apple states in the filing: "What is missing from Microsoft's submission is any evidence, expert or otherwise, regarding whether such uses represent a majority of the uses of the term or simply a small, inconsequential subset of how the relevant public uses the term 'App Store'."

The Business Journal reveals The Trademark Trial and Appeal Board will rule on whether the case will proceed to trial or whether Microsoft should be granted summary judgment against Apple's application.