Did you know that The Coca-Cola Company applied to register a federal trademark for the term “COCA-COLA ZERO”? It is true. Coca-Cola filed the application with the USPTO on March 4, 2005. The application was published for opposition on April 17, 2007. Not surprisingly, the companies that own Dr. Pepper and 7-Up immediately opposed this registration. The battle has been ongoing for over eight years now.
Without going into too much detail, an executive for Coca-Cola testified recently that there are twelve Coke products that use the term ZERO in the product name. This includes Coke Zero, Cherry Coke Zero, Vanilla Coke Zero and others. This is consistent with Coca-Cola’s trademark application, which identified the relevant goods and services as “Beverages, namely soft drinks; syrups and concentrates for the making of the same.” Nevertheless, the “ZERO” part of the mark almost certainly refers to the marketing of these specific products as having “zero calories” per serving size (i.e., one can or bottle). This presents a series of interesting trademark concepts.