Nestlé has filed a petition with the U.S. Patent and Trademark Office to cancel the trademark registration for “Seattle Strong,” alleging the brand infringes on its long-established “Seattle’s Best” trademark.
The petition was submitted April 1 to the Trademark Trial and Appeal Board on behalf of Nestlé.
The company argues that the “Seattle Strong” brand, registered by Seattle Strong Coffee Co., is likely to confuse consumers and dilute the distinctiveness of Nestlé’s “Seattle’s Best” trademark.
Seattle Strong Coffee Co., located in Seattle’s SoDo neighborhood, registered the “Seattle Strong” mark in September 2023.
The registration covers coffee and coffee-based beverages under Class 30 of the trademark classification system.
According to its application, the company began using the name in commerce in April 2017.
In its petition, Nestlé contends it has used the “Seattle’s Best” trademark since at least 1989 and registered it in 2003.
The brand covers a wide range of coffee products including ground and whole bean coffee, bottled coffee, and K-Cup pods.
Nestlé argues that the name “Seattle Strong” is too similar to “Seattle’s Best,” and the two are used on identical types of products, increasing the potential for consumer confusion.
Nestlé also alleges that “Seattle Strong” could dilute the uniqueness of the “Seattle’s Best” brand, which it says has become widely recognized through decades of use and marketing.
“The SEATTLE’S BEST mark is distinctive and famous,” Nestlé’s filing states, adding that the brand has been promoted through national advertising and has generated billions in sales over the years.
The petition claims the mark is legally entitled to protection from dilution under federal trademark law.
Nestlé is asking the board to cancel Seattle Strong Coffee Co.’s trademark registration.
Seattle’s cold brew pioneer Seattle Strong Coffee Co. has launched a GoFundMe campaign to support its legal defense.
“We don’t think that’s right. So, we’re fighting back,” the campaign says.
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