USPTO grants protection to iconic 'Coca-Cola' script trademark

NEWS

By Pallavi Paul

The Coca-Cola Company opposed the mark ‘Conceal-Carry’ filed by Robert Troy Hoff under International Class 9 with respect to ‘hats, hoodies, jackets, jerseys, sweaters, t-shirts and other clothing’. They contented that the ‘Conceal-Carry’ mark  is likely to be confused with, and is likely to dilute by blurring the stylized ‘COCA-COLA’ mark which has been registered and used for ‘soft drinks and numerous other goods’ since the 1880's. The overall impressions of both the marks are same and it will unquestionably cause consumers to associate the mark ‘Conceal-Carry’ with the 

NEWS

By Pallavi Paul

'COCA-COLA’ mark.  The Coca-Cola script mark is famous not only in the US but in the entire world and has been consistently recognized as such by various commentators and the Courts. The mark has been extensively promoted for almost 130 years nationwide, in virtually all available media and trade-channels. Since long prior to the filing of the Applicant’s mark ‘Conceal-Carry’ the ‘COCA-COLA’ Script mark, has been recognized as an iconic mark by third parties and Courts. Not only this, the ‘COCA-COLA’ Script mark has also been listed on the website famouslogos.net and much like the beverage itself, the mark is regarded as one of the greatest and most recognizable logos ever created.

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NEWS

By Pallavi Paul

USPTO on the basis of Coca-Cola’s dilution claim, considered the factors: degree of similarity between the marks; the degree of distinctiveness of the ‘COCA-COLA’ Script mark; the extent of exclusive use of the ‘COCA-COLA’ Script mark; degree of recognition the ‘COCA-COLA’ Script mark; whether applicant intended to create an association with the ‘COCA-COLA’ Script mark; actual association between the marks and conclusion regarding likelihood of dilution factors. Lastly, USPTO held that by the preponderance of evidences, the Applicant’s use and registration of the mark is likely to dilute by blurring the distinctiveness of the famous ‘COCA-COLA’ Script mark.

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