Coca-Cola, Dr Pepper Ruling From Trademark Board Now Precedential

A ruling in a dispute between The Coca-Cola Co. and other drinkmakers over the word “zero” may be cited as precedent, the Trademark Trial and Appeal Board said.

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/Seven Up Inc. 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 would waive any claim to the exclusive right of word.

After the case’s first trip up on appeal, ...