The US Court of Appeals for the Federal Circuit has ruled in the 15-year dispute between Coca-Cola and Royal Crown Cola over exclusivity rights to trademark the term ‘zero’.
Coke had wanted to trademark the term ‘zero’ for exclusive use of its no-calorie soft and sports drinks.
RC Cola, part of the Dr Pepper group, argued that zero is too generic to trademark, but Coke countered by arguing that the general public thinks of Coke products when it comes to the term zero.
The trademark was granted by the US Patent and Trademark Office (USPTO) Trademark Trial and Appeal Board, but in its ruling, the federal circuit said that the incorrect legal standard had been applied when granting Coke the zero trademark.
Circuit Judge Kathleen O’Malley suggested that “the board asked the wrong question.”
While O’Malley noted there was “no doubt” that Coke could get a trademark for Coke Zero, “the question is whether you can bar others from using the term zero.”
The case was returned to the TTAB for further proceedings.
source:-.ipprotheinternet
