Marks comprised of numerals are inherently weak [see Pepsico v. Daiwa 80 C.P.R. (2d) 160 (T.M.O.B.)]. In the present case, both the Applicant’s ZERO NINETEEN mark and the Opponent’s ZERO mark are only comprised of numbers and therefore possess very little distinctiveness. The Applicant’s ZERO NINETEEN and Design mark possesses a higher degree of distinctiveness than the Applicant’s ZERO NINETEEN mark because of its unique design component.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.