16 May 2019

Sometimes there is some confusion about the registration of existing words. Especially in trademark conflicts. People wonder why words as Apple and Puma can be claimed. These are general words right? As long as the words are not descriptive, existing words are distinctive trademarks.

So it may also be that Uber (a common German word) is a distinctive trademarks for taxi and related services. As a result, Uber was recently successful in acting against a European application of Uberspace. The EUIPO  finds the trademarks similar. Space is descriptive for the IT-related services for which Uberspace has been filed. Uber’s opposition is therefore accepted.

The argument of Ubserspace that this trademark has been used since 2009 is set aside. Use of a trademark does not result in trademark rights! There may possibly be tradename rights, which means that Uberspace may continue to use the name as a tradename, but this is not an approval to register a trademark. Uberspace is therefore simply too late with filing its trademark.

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