Re: Opposition by Uber Geeks Pty Ltd to application under section 92 of the Trade Marks Act 1995 (Cth) by Uber Technologies Inc to remove trade mark number 1177725 (classes 37, 41 and 42) - Über Geeks (stylised)

Uber Geeks Pty Ltd sought to have trade mark number 1177725, registered by Uber Technologies Inc in classes 37, 41, and 42, removed from the Register of Trade Marks. The application was brought under section 92 of the *Trade Marks Act 1995* (Cth). The matter was heard by Adrian Richards.

The primary legal issue before the court was whether the trade mark "Über Geeks (stylised)" had been used in Australia by the registered proprietor, Uber Technologies Inc, or its predecessors in title, during the three-year period immediately preceding the filing of the opposition. Uber Geeks Pty Ltd contended that the trade mark had not been genuinely used in Australia during this period.

The court considered the evidence presented by both parties regarding the use of the trade mark. It applied the principles established in trade mark law concerning the requirement for genuine commercial use of a trade mark in Australia. The court's assessment focused on whether the use demonstrated, if any, constituted actual use in the course of trade, rather than mere token or experimental use. The court found that the evidence did not establish genuine use of the trade mark in Australia by Uber Technologies Inc during the relevant period.

Consequently, the court ordered the removal of trade mark number 1177725 from the Register of Trade Marks.