Coke 'Zero' Marks Should Fizzle Out, Dr. Pepper Tells TTAB

Law360, Washington (December 8, 2015, 7:07 PM EST) -- The companies behind Dr. Pepper and Seven-Up on Tuesday fought rival Coca-Cola’s bid for exclusive rights to the trademark “Zero,” telling a Trademark Trial and Appeal Board panel that the term generically refers to calorie-free sodas of any brand.

Coca-Cola maintains the company has acquired distinctiveness from consumers with the "Zero" mark. (Credit: AP) During oral arguments, an attorney for Royal Crown Co. Inc. and Dr Pepper/Seven-Up Inc. listed several examples of other companies that had incorporated the word "Zero" into the names of their no-calorie drinks as evidence that the term is not brand-specific to Coca-Cola Co.

Those drinks included...

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