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.

Full decision O/333/08 PDF document138Kb