A Dr Pepper/Seven Up Inc. challenge to Coca-Cola Co. applications for trademarks covering the word “Zero” was moot after Coca-Cola disclaimed the word in the applications, the Federal Circuit said Monday.
Coca-Cola applied to register 16 “Zero” trademarks with the U.S. Patent and Trademark Office, including Coke Zero, Sprite Zero, and Powerade Zero. Dr Pepper and RC Cola-maker Royal Crown Co. opposed the applications, arguing the marks were generic or descriptive of zero-calorie drinks unless they disclaimed the term “zero,” meaning that Coca-Cola didn’t claim the exclusive right to use the word.
The Trademark Trial and Appeal Board rejected the…
