Apple Rush Co., Inc. announced that pursuant to the motion of Robert Corr, President and CEO of Apple Rush Co., Inc., the motion opposed by The Coca-Cola Co.; the U.S. Patent and Trademark Office (USPTO) Trademark Trial and Appeal Board (TTAB) granted Robert Corr's motion, and suspended the opposition proceeding against Robert J. Corr by The Coca-Cola Co. surrounding the trademark registration application of the Naturally ZERO mark. The filing can be found by visiting: http://ttabvue.uspto.gov/ttabvue/v?pno=91197767&pty=OPP&eno=12.
Robert Corr and Apple Rush plan to begin the manufacturing, marketing and distribution of its Naturally ZERO product line through Apple Rush distribution channels. Robert Corr and Apple Rush previously decided to cease activity regarding Naturally ZERO until the USPTO came to this decision regarding The Coca Cola Co.'s opposition papers. Coke filed an opposition (No.91197767) against Robert Corr, president of Apple Rush Co. Inc. the applicant for the mark. A hearing was held by the Trademark Trial and Appeal Board and a Motion filed by the Applicant (Apple Rush) to suspend proceedings until a case (United States District Court For The Northern District Of Illinois Eastern Division No. 08 CV 04206) filed by the Plaintiff, Mirza N. Baig, and currently pending, against Coke for Trademark Infringement and false Designation of Origin under the Lanham Act.
"This action by Mr. Baig against Coke, demonstrates that the trademark Zero is not owned by Coke. Yesterday, the Trademark Trial and Appeal Board granted my motion to suspend Coke's opposition. I intend to demonstrate the inconsistency between arguments made by Coke in the case filed by Mr. Baig, and Coke's oppositions against Royal Crown, Unilever and many others attempting to use the ZERO mark for beverages," said Corr in a prepared statement.
Apple Rush will be introducing the Naturally ZERO Waters in the Chicagoland market this summer.