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ARTICLE · 05 APRIL 2021

Turn Back The Clock! TTAB Designates 2019 COKE ZERO Decision Precedential

Wolf, Greenfield & Sacks, P.C.
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The Board has reached back and deemed precedential its May 3, 2019 decision granting Coca-Cola's Rule 2.133...

United StatesIntellectual Property
John L. Welch
John L. Welch
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The Board has reached back and deemed precedential its May 3, 2019 decision granting Coca-Cola's Rule 2.133 motion to amend sixteen pending and opposed applications for ZERO-formative marks by entering a disclaimer of the word ZERO. RC Cola and Dr. Pepper squawked because they had wanted a determination whether the word "zero" is generic or merely descriptive of soft drinks. The Board, however, agreed with Coke that the disclaimer of ZERO rendered the issue moot and so it dismissed the oppositions. In 2020, the CAFC dismissed the appeal from the 2019 Board decision, ruling that there was no case or controversy to decide. [ TTABlogged here]. Royal Crown Company, Inc. and Dr Pepper/Seven Up, Inc. v. The Coca-Cola Company, Opposition Nos. 91178927 (Parent Case); 91180771; 91180772; 91183482; 91185755; 91186579; and 91190658 (March 31, 2021) [precedential].

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