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Intellectual Property Law

: The TTABlog

Finding Coke's "ZERO" Has Acquired Distinctiveness, TTAB Dismisses Opposition

Opposer AMBEV challenged 17 applications filed by Coke to register marks containing the word ZERO for soft drinks (including, for example, COKE ZERO, FANTA ZERO, PIBB ZERO, and POWERADE ZERO). Coke claimed that ZERO has acquired distinctiveness under Section 2(f). Sales and advertising figures, along with survey results, carried Coke over the zero yard line into the registration end zone. Companhia de Bebidas das Américas - AMBEV v. The Coca Cola Company, Opposition Nos. 91178953, et al. (May 2, 2012) [not precedential].Preliminary matters: In an initial skirmish, AMBEV tried to keep out Coke's survey evidence, asserting that Coke's expert had been identified only as a rebuttal witness and that his survey testimony went beyond rebuttal because it was not limited to the question posed by AMBEV's expert witness in his survey...continue to full post

Full post as published by The TTABlog on May 03, 2012 (boomark / email).

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