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 Â stated that ÂUBERÂ is a verb.
Dara Khosrowshahi Â Â explained that Âvery few brands become verbs for Uber to have achieved this shows how weÂve captured imaginations and become an important part of our customersÂ livesÂ. However, whilst Khosrowshahi Â Â 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