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Uber Trade Mark Removal Application Fails

11 February 2021

Have you heard of a ride share company called Uber? You know, the global disruptor of the taxi industry which we all order from our phones after one too many margaritas!

Well, what happens when the Global giant that is UBER discover another business owns a similar prior registered Trademark with the word 'UBER'?

IP Partnership received instructions to vigorously defend one such prior registered Trademark against Uber Technologies Inc and we are proud to have achieved a successful result for our Client.

Uber Inc attempted to have our Client's Trademark removed from the Australian Trademark register for alleged non-use. Our Client successfully defended its registration status and the Trademark remains on the register in all three classes it was originally registered in.

Our Client operates a mobile computer tech business, trading as Uber Geeks and Geek Mobile. The decision of the Registrar has been released on Austlii for IP nerds (like us), case citation: Uber Geeks Pty Ltd v Uber Technologies Inc [2021] ATMO 4 (18 January 2021). The Registrar did decide to remove some irrelevant Class descriptions, however ultimately Uber Geeks successfully proved evidence of use in each Class the Trademark was registered in.

If you require a registered Trademark for your brand, believe your Trademark is being infringed by a competitor or have received a Trademark infringement letter, we would be pleased to assist.

Sam Rees