Tuesday, June 30, 2020

Is Pepsi Blue Making a Comeback? A Recent Trademark Application Suggests So

While I only vaguely recall it, Pepsi Blue was a berry-flavored version of Pepsi that was launched in the U.S. in 2002 and discontinued shortly thereafter in 2004. Pepsico, Inc. previously owned federal trademark registrations for both the PEPSI BLUE name and former logo (seen below), but the U.S. Patent and Trademark Office canceled those registrations nearly ten years ago after Pepsi failed to renew them (likely due to non-use, as use is a requirement to renew a trademark registration).  

However, a recent trademark application filed at the USPTO by Pepsico, Inc. suggests that Pepsi Blue might be making a comeback. On June 25, Pepsico filed a federal trademark application to register PEPSI BLUE as a trademark for "Concentrates, syrups or powders used in the preparation of soft drinks; Soft drinks" in Class 32.

Pepsico filed the application on an intent-to-use basis, suggesting it is not currently using PEPSI BLUE as a trademark for the listed goods, but has a bona fide intention to do so in the near future. See TMEP 806.01(b); 15 USC 1051(b). Before PEPSI BLUE can be registered as a trademark again, Pepsico must start using the PEPSI BLUE trademark in interstate commerce in conjunction with the listed goods and submit sufficient proof of such use to the USPTO.

While Pepsico is not required to start selling Pepsi Blue again, it does mean something is likely in the works. 

This is the first trademark application for PEPSI BLUE filed by Pepsico since the now dead PEPSI BLUE registrations it filed for in 2002. Fans of Pepsi Blue - pay attention to this application. 

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