‘Coca-Cola Zero’ trademark dispute nears end

A nine-year dispute centring on a trademark application for the term ‘Coca-Cola Zero’ could be set to conclude after arguments were finalised.

Arguments were concluded in December, according to US newspaper the Wall Street Journal, following an analysis of hundreds of pages of filings made with the US Patent and Trademark Office (USPTO).

The bid to use the mark began in March 2005, when Coca-Cola filed an application for the term ‘Coca-Cola Zero’ at the USPTO.

The application was challenged by Dr Pepper Snapple Group, which owns the Dr Pepper and other fizzy drinks, in 2007.

Coca-Cola argued that the word ‘Zero’, when used as part of a beverage brand including Sprite Zero and Coca-Cola Zero, is exclusively associated with its products because of advertising and promotion. It added that when consumers see ‘Zero’ on a bottle or can, they associate it with the company.

Dr Pepper, in response, listed 32 other brands that use the term ‘Zero’ that are not owned by Coca-Cola, including Monster Energy Ultra Zero and Virgil’s Zero.

Coca-Cola also tried to trademark the term in other markets, including Canada and the UK, but was denied after Pepsi maker PepsiCo opposed the applications.