Aug 1, 2017

Coca Cola Zero Sugar: a new sugar free brand

Last week, Coca-Cola revealed their latest project and new and improved Coca Cola Zero, Coca Cola Zero Sugar.

After around a year of trials, Coca Cola claim to have succeeded in developing a sugar free soft drink that tastes more like Coca Cola than Coca-Cola Zero. The new drink has already been on sale in 25 countries including Great Britain and the US where it has reportedly shown promising growth. In addition to the new name and taste, Coca Cola have come up with new branding for their Zero Sugar product.

Trade marks which are descriptive or lack distinctive character are liable to be challenged legally; it is likely that "Zero Sugar" would be deemed descriptive or lack distinctive character. Nonetheless, from a marketing perspective, the brand does make Coca Cola's potentially valuable message clear: the product contains zero sugar. In the past, Coca Cola has successfully trade marked the word 'Zero' for its products as the Court has taken into account sales of 'Zero' products as well as the amount of money spent on advertising the products.  Coca Cola's advertising efforts have ultimately conveyed the message to consumers that the word 'Zero' is associated with the company and their company only. It is these observations that have allowed Coca Cola to successfully register the word 'Zero' as a trademark.

According to USA Today, James Quincey, Coca Cola CEO, has explained "consumers have not always been clear that either Diet Cokes or Coke Zeroes are absolutely zero sugar"; the new beverage may make the distinction between Coca Cola's sugar and sugar free brands clearer for consumers.

If you have any questions on the above, please do not hesitate to contact the team at McDaniel & Co. on 0191 281 4000 or legal@mcdanielslaw.com.

Posted by: in: Legal News, News, Trade Marks

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