Uber is a now a verb

This month was a monumental month, Tesco opened a new discount store, the Prime Minister has told us that she will not delay Brexit, and UBER CEO Dara Khosrowshahi  stated that ‘UBER’ is a verb.

Dara Khosrowshahi   explained that “very few brands become verbs for Uber to have achieved this shows how we’ve captured imaginations and become an important part of our customers’ lives”. However, whilst Khosrowshahi   may be very happy with this, I bet you his trade mark lawyers are not all that happy.

It is paramount that a trade mark should never be used as a noun or verb. A trade mark is a badge of origin section 1 of the Trade Marks Act 1994 defines a trade mark as being: any sign capable of being represented graphically which is capable of distinguishing goods or services of one undertaking from those of other undertakings.

Once a mark is no longer capable of distinguishing goods or services of one undertaking from those of other undertakings it cannot function as a trade mark. It will then be susceptible to be removed from the trade mark registry.

A trade mark should always be used as an adjective with words that describe the goods or services on offer. For example: A Lawdit trade mark article.Â

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