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Tuesday 9 February 2016

Coca-Cola Trademark Battle to Trademark ‘Zero’ Continues

Coca-Cola

COCA-COLA has been trying to trademark the word “zero” for the best part of 13 years and last month, Canada rejected Coca-Cola Company’s attempt to trademark the rights to the common English word for its diet drink brands—including Coca-Cola Zero, Sprite Zero and Powerade Zero.  The major brand leader will reportedly get the news on whether it has won or not later this year.

If Coca-Cola is given the rights, it can then sue imitators that have used the word, the Wall Street Journal reports. The first rival Coke would likely go after is Dr Pepper’s Diet Rite Pure Zero.

Losing the case, however, would allow other companies to start using “zero” in their product names.
You may remember, the battle for “zero” started when Dr Pepper challenged Coke’s trademark application, noting that there were then 32 other beverages not owned by Coke that used the term “zero,” such as Monster Energy Zero Ultra, Virgil’s Zero and Arnold Palmer Zero, Fortune reports. PepsiCo also got in on the fight, and UK and Canadian regulators ruled against Coca-Cola. 

Now it is America’s turn.

Coca-Cola main argument, appears to centre around the fact that “zero” is associated with its company because of “extensive advertising, promotion and sales.” Coke would love to have the rights to help push its Coke Zero more aggressively. In its latest earnings report issued Tuesday, the company reported a growth of 6 percent for Coke Zero across the globe while Diet Coke and Coke Light dropped by 6 percent.

The outcome may well set a legal trademark precedent no doubt for future disputes, will keep you posted.

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