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A Florida Mother is Locked in a Trademark Battle With the Tech Giant ‘Uber’

Trademark8

According to reporting from the New York Post, Carolina Vengoechea — a mother from Miami, Florida — is currently embroiled in a trademark dispute with the nation’s largest ridesharing company Uber.

The case revolves around her beauty salon smartphone application “BeauBer” — which the company believes is infringing on its trademark. For her part, Ms. Vengoechea contends that the name of the app that she is developing is entirely unrelated to ridesharing company’s name.

Indeed, she states that it is simply a combination of the name of the services that she is offering through the app, not a pun that plays on the name ‘Uber’. The New York Post reports Uber declined to offer any comment on the story.

Uber Filed a Notice of Opposition With the USPTO  

Perhaps the most notable detail in this report is that Uber filed a Notice of Opposition with the United States Patent and Trademark Office (USPTO) when Ms. Vengoechea attempted to file for trademark protection for her app ‘BeauBer’ in 2018.

Trademark Oppositions: Understanding the Basics

Any party has the right to file an opposition of a trademark. Of course, that does not mean that opposition will be successful in doing so. There are certain standards that must be met to oppose a trademark.

Every two weeks, the USPTO publishes a list of approved trademark applications that it has received. Within 30 days of the date when a new filing is published, an interested party can file its claim of opposition. When done properly, the dispute will move towards a trademark opposition proceeding.

What is a Trademark Opposition Proceeding? 

After a trademark opposition is filed, the initial applicant will have an opportunity to submit an answer. In essence, this is their first chance to respond to the claims filed by the party opposing trademark registration. If you are considering filing a Notice of Opposition or an answer to a Notice of Opposition, it is highly recommended that you work with an experienced Florida trademark law attorney.

To resolve the issue, a trademark opposition proceeding will eventually be scheduled to go before the Trademark Trial and Appeal Board (TTAB). When the TTAB hears these claims, it will proceed much in the same manner as would a mini-trial. Each party will have an opportunity to make their arguments and present evidence that supports their side of the case. The TTAB will then issue a decision on whether or not the trademark registration will be permitted. TTAB decisions can be appealed to any court that has jurisdiction over the case.

Discuss Your Case With a Florida Trademark Litigation Attorney Today

At Pike & Lustig, LLP, our West Palm Beach trademark litigation attorneys have extensive experience handling the complete range of trademark law claims. If you or your company is involved in a trademark dispute, we will protect your intellectual property rights. To set up a fully confidential case evaluation, please call us at our West Palm Beach law office or Miami law office today.

Resource:

nypost.com/2019/08/21/uber-trying-to-put-brakes-on-florida-salon-apps-trademark/

https://www.turnpikelaw.com/uspto-announces-new-trademark-rule-foreign-applicants-will-be-required-to-have-u-s-attorney-starting-in-august-2019/

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