Pepsi Stifled in Opposition to ‘Tortrix’ Trademark Registration

PepsiCo. Inc. can’t oppose registration of a ‘Tortrix’ trademark because its use of that same mark abroad doesn’t give it any US rights, the Trademark Trial and Appeal Board said Tuesday.

Arriera Foods LLC applied in 2020 to register Tortrix to cover corn-based snack foods—allegedly Pepsi’s own corn-based snack products that it sells in South and Central America. Pepsi opposed the application, but its foreign use and claims of damages alone don’t allow it to oppose Arriera’s registration of the mark, the board said.

The precedential ruling allowed that Pepsi can assert “misrepresentation of source” as grounds for opposition, not ...