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13 June 2017Trademarks

Dr Pepper opposes ‘Crush’ trademark filed by King.com

Dr Pepper has opposed a US trademark application filed by King.com, the creator of the “Candy Crush Saga” game, relating to food.

In July 2013, King.com applied to register the ‘Crush’ trademark under international classes 29 and 30, which include jelly beans, chocolate and a wide range of other confectionery items.

Dr Pepper filed its notice of opposition on Friday, June 9, claiming that if the ‘Crush’ trademark is granted, it would “destroy its investment and goodwill” in the company’s own ‘Crush’ marks.

Dr Pepper owns several ‘Crush’ trademarks, which are used for a range of confectionery items and cosmetics, including US registration numbers 3,209,282 and 3,289,137 for use in frozen confections and lip balms, respectively.

“The ‘Crush’ marks have come to be associated with the opposer, represent enormous goodwill of opposer, and identify and distinguish goods manufactured by opposer,” said the claim.

Dr Pepper claimed that use of ‘Crush’ by the defendant “is likely to cause dilution of the distinctive quality of opposer’s trademarks and lessen the ability of the ‘Crush’ marks to identify and distinguish opposer’s goods from others”.

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