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Intellectual Property law Blog
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Evolving Logos & Trademarks
09-02-2009 [Ben Hanrahan] [Permalink]
The figure below shows the fascinating evolution of PepsiCo, Inc.'s "PEPSI" logo throughout the years, the first logo being used in 1898.
Interestingly, although the "PEPSI" logo has evolved a number of times, Coca-Cola's original 1886 "COCA-COLA" stylized logo, shown below, continues to be used today.
Whether creating a new logo, or deciding if an existing logo should be modified or "modernized," it may be important to consider some of the following points. For instance, a logo is deemed "abandoned" if the user discontinues use of the mark with the intent not to resume use. Prima facie evidence of abandonment occurs after failing to use the mark for three consecutive years. Working somewhat against this notion is the "tacking" doctrine, which generally states that minor changes in a mark will not lead to abandonment.
With that in mind, which of the "PEPSI" logos could potentially fall under the "tacking" doctrine?


