Apple can not exclusively use the term "app store" in Australia after a ruling in the Federal Court on Wednesday.

Apple was appealing a 2013 decision by the Australian Registrar of Trade Marks, that rejected an application to trademark the use of the term, which was filed by the tech giant in 2008. The appeal was dismissed by Justice David Yates who found the term was used in a more general way, rather than just in reference to Apple's App Store.

The throwing out of this appeal means the company cannot prevent other tech organisations from using the term. Apple was also instructed to pay the related court fees. "I am satisfied that the mark 'app store' is not to any extent inherently adapted to distinguish the designated services," Yates said, according to court documents. "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 argued the company had been behind the adoption of the term, and it was not in general use before the store was created by Apple to sell applications used on the iPhone and iPad.

"It may well be that, because of the ubiquity of handheld 'smart' devices, the word 'app' has, over time, come to be more closely identified with computer applications used on such devices," the judge said. "But the changing patterns of commerce and consumer preference both before and after 2008 do not mean that, at the time that Apple launched its App Store service and, more particularly, at the time it applied for the mark, it had coined a new word “app” or had given that word a changed meaning."

Apple did not immediately return request for comment.