Several big beverage makers recently took each other on in a consolidated proceeding before the Trademark Trial and Appeal Board (TTAB) of the United States Patent and Trademark Office (USPTO). In the case of Royal Crown Company and Dr. Pepper/Seven Up Inc. v. The Coca-Cola Company, each company took issue with the other over trademark applications containing the word ZERO. On May 23, 2016, a decision was rendered by the Board, holding that: the term ZERO is descriptive, not generic, of Coca-Cola’s beverages, it has acquired distinctiveness in relation to Coca-Cola’s beverages other than energy drinks and related syrups and concentrates, and that applications for PURE ZERO and DIET RITE PURE ZERO by Dr Pepper/Seven Up, Inc. did not create a likelihood of confusion with Coca-Cola’s only prior-filed mark, SPRITE ZERO.

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