Uber Technologies serves opposition notice to Uber Herbs LLC over ‘Uber Herbs’ mark
NEWS
By Pallavi Paul
Uber Technologies, Inc. (UBER) filed a notice of opposition to Ubers Herbs, LLC against trademark ‘UBER HERBS’ as it believes registration of the same will damage their reputation. Uber is the owner of trademark registrations for ‘UBER’ and a number of Uber-based marks which are valid and subsisting in the USPTO, and has been using goods/services relating to the same, in the US continuously since the year 2010. It also offers the software application ‘UBER’ that allows users to obtain drivers to provide on-demand, location-based delivery,
NEWS
By Pallavi Paul
transportation and other services. The mark ‘UBER HERBS’ creates a likelihood of confusion which falsely suggests a connection with and dilutes Uber’s trade-name and distinctive identity. The goods and services of the mark i.e., ‘transport and delivery of goods’ are also identical to Uber’s mark which is a clear indication that the applicant of the mark has embarked on a bad-faith mission to tread on their goodwill and encroach the trademark ‘UBER’. As a result of Uber’s widespread and significant popularity, the Uber mark and name are famous. The mark became famous prior to the filing of application for registration of mark ‘UBER HERBS’. Thus, ‘UBER HERBS’ as a mark is likely to falsely suggest a connection between the Applicant and Uber’s trade-name
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NEWS
By Pallavi Paul
and identity because ‘UBER HERBS’ is confusingly similar to and would be recognized as an approximation of ‘UBER’. Because of the similarity between ‘UBER HERBS’ and ‘UBER’ and the parties’ related goods and services, ‘UBER HERBS’ is likely to cause consumer confusion, mistake or deception in the trade and among consumers as to the source, origin, affiliation or sponsorship of the parties’ respective goods and services which in turn will cause loss, damage and injury to ‘UBER’ and the purchasing public.
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