Coke obtained afavorable decision from the TTAB early last year,ruling that ZERO isnotgeneric for a soft drink category,instead it is descriptive and Coke has secondary meaning in it.
So,why on earth has Coke positioned SUGAR immediately next to the word ZERO beneath the Coca-Cola script in widespread billboard advertising and packaging?
Putting the key trademark issue aside,itdoesn't even look like there is a good business case for it?
Had the above billboard advertisement and depicted bottle been part of the TTAB case decided last year,instead of specimenslikethe above can,seems probable we'd have seen a different result.
Has Coke forgotten thatlike functionality for non-traditional trademarks,genericness can be raised as a validity challenge for word marks,at any time?
Coke Zero,welcome to theGenericide Watch.