UBER vs UBER TUTORS: Why Even Global Giants Can’t Own a Word
By Miranda Aitken | Journalist & Samantha Ludemann | Associate
While UBER may dominate the on-demand vehicle and delivery service space, it turns out they don’t hold exclusive rights to the name UBER itself.
The tech company has become a household name, transforming the global taxi industry and creating millions of jobs. Since launching in 2010, UBER has built a vast trade mark portfolio, including 39 UBER-related trade marks registered in Australia, with two more currently under examination.
Yet despite this extensive IP arsenal, several other unrelated marks, like UBER YOUR LIFE, THE UBER GAS BAG, and a stylised UBER logo, have also been successfully registered with IP Australia.
In 2021, however, Uber Technologies took issue with a new Australian player: an online tutoring startup called UBER TUTORS.
In the matter of Uber Technologies Inc v Uber Tutors Pty Ltd [2025] ATMO 78, the global tech company opposed the registration of UBER TUTORS, arguing it was substantially identical or deceptively similar to its existing marks UBER AI LABS and UBERELEVATE, both registered in Class 41 (education services).
The outcome? Uber lost.
The Delegate agreed the services were similar in nature but found that UBER TUTORS were not substantially identical or deceptively similar. Visually, aurally, and conceptually, the inclusion of the word TUTORS, the stylised ‘U’, and the stacked word design gave the new mark enough distinguishing features to avoid confusion.
As the Delegate noted at [49]: “The reputation of these [UBER] marks is primarily in respect of transport and delivery services. I do not consider there are sufficient trade connections between transport and delivery services and the Applicant’s Services, and I am not persuaded that the reputation of either the Opponent’s Word Mark, ‘UberEats’ or the Opponent’s Capitalised Device is sufficient to bridge the substantial differences between these respective services.”
This case highlights a critical lesson: even the most famous marks don’t grant blanket protection over a word. If your business uses a similar name for different services and you include clearly differentiating features, your trade mark may still be registrable.
Need help registering a trade mark or navigating potential conflicts? Contact XVII Degrees for a complimentary consultation.
Featured Image by Erik Mclean on Unsplash
References:
- Uber Technologies, Inc. v Uber Tutors Pty Ltd [2025] ATMO 78. Retrieved from https://jade.io/article/1131225?at.hl=Uber+Technologies+Inc+v+Uber+Tutors+Pty+Ltd+%5B2025%5D+ATMO+78
- IP Australia [2025]. Trade mark 2133533. Retrieved from https://search.ipaustralia.gov.au/trademarks/search/view/2133533?q=2133533
