PepsiCo Files Notice of Objection Against Registration of the PEPY Trademark

Wednesday, PepsiCo, Inc. deposit a notice of opposition to the Trademark Trial and Appeal Board against Jessica L. Freedman for her application to register the trademark PEPY.

According to the notice, on March 28, 2021, Freedman, an individual located in Brooklyn, New York, filed for trademark registration PEPY in connection with non-alcoholic mixes used in the preparation of alcoholic cocktails.

The notice states that PepsiCo has been in the beverage business for over 100 years and has become a well-known producer of soft drinks, juices, ready-to-drink teas and coffee drinks, isotonic sports drinks, bottled water, related products and services. , as well as other consumer goods.

PepsiCo cites its PEPSI brand, which it has used for more than a century, as the basis of its opposition. In the notice, PepsiCo states that it has used the PEPSI trademark in connection with various beverages and other products and their advertising, marketing, sales and promotional services. Additionally, PepsiCo states that PEPSI is marketed and sold nationwide, supported by hundreds of millions of dollars in advertising and promotion each year, with PEPSI-branded products being sold in nearly every supermarket in the United States.

In addition to PepsiCo’s prior common law rights, the notice also states that PepsiCo has registered four marks which incorporate the PEPSI mark with the first PEPSI mark registered in 1967.

PepsiCo argues that registration of the PEPY mark is likely to confuse, err or deceive the consumer between the opposition mark and PEPY. To support this claim, PepsiCo argues that PEPY is almost identical in sound, appearance and commercial impression to the PEPSI brand. Furthermore, it claims that the goods linked to the PEPY mark are similar, complementary and related to the goods linked to the PEPSI mark.

Additionally, PepsiCo argues that registration of the PEPY mark is likely to dilute the well-known and inherently distinct PEPSI mark, thereby preventing it from being registered.

PepsiCo opposes the registration of the mark PEPY on the ground that it is prohibited by the provisions of section 2(d) of the Trade Marks Act 1946 because of the priority of PepsiCo and the risk of confusion between trademarks, and Sections 2 and 43(c) of the Trademarks Act) as its registration would result in dilution by interference. PepsiCo is represented by its senior director of trademark consulting Paul A. Lee.

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