Trade mark decision

BL Number

O/333/08

Decision date

19 December 2008

Hearing officer

Mr M Reynolds

Mark

ZERO

Classes

32

Applicant

The Coca-Cola Company

Opponent

Pepsi Co Inc

Opposition

Sections 3(1)(b) and 3(1)(c)

Result

Section 3(1)(b): Opposition successful Section 3(1)(c): Opposition successful

Points Of Interest

• Section 3(1)(b): “minor stylistic embellishment”.

Summary

The opponents claimed that in relation to non-alcoholic drinks etc the word ZERO simply indicated characteristics of the product e.g. zero sugar; zero calories; zero alcohol etc. [The application had been objected to at the examination stage but had been allowed to proceed for a more limited specification]. Having reviewed the matter the Hearing Officer concluded that “it was reasonably foreseeable that zero was apt for use in a descriptive fashion”; and the opposition under Section 3(1)(c) succeeded accordingly.

The “minor stylistic embellishment” in the mark (a “vortex device” in place of the letter ‘O’) did not save it under Section 3(1)(b) and that objection succeeded also.

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URL: http://www.bailii.org/uk/cases/UKIntelP/2008/o33308.html