PepsiCo’s Cheetos Fails to Block Rival’s ‘Cheezo’ Trademark
PepsiCo’s attempt to prevent a competitor from using the trademark “Cheezo” has been unsuccessful, as the Trademark Trial and Appeal Board (TTAB) ruled against the snack giant. The decision marks a notable moment in brand protection disputes within the FMCG industry, particularly in the competitive salty snack category.
Trademark Dispute and Ruling
PepsiCo, the owner of the widely recognized Cheetos brand, filed an opposition against the registration of “Cheezo,” arguing that the name was too similar and could cause consumer confusion. However, the TTAB ruled that while the two names share a visual and phonetic resemblance, there wasn’t sufficient evidence to prove that consumers would mistake one product for the other.
The board also found that “Cheetos” possesses strong brand recognition but noted that the suffix “-os” is commonly used in snack product names. This weakened PepsiCo’s argument that “Cheezo” could mislead consumers into assuming a connection between the two brands.
Implications for the FMCG Market
The ruling underlines the importance of distinctiveness in trademark enforcement, particularly in categories where playful and descriptive names are common. For major brands, protecting intellectual property remains a priority, but challenges arise when courts determine that similar-looking trademarks do not necessarily lead to confusion.
For emerging brands and private-label manufacturers, the decision signals opportunities to develop names that may fall within a gray area of brand similarity without legal repercussions. It also showcases how established brands must carefully construct their trademark arguments, particularly when elements of their branding—such as suffixes or stylistic choices—are widely used across the market.
Looking Ahead
The case serves as a reminder that trademark protection is not absolute, even for category leaders like Cheetos. As smaller brands continue entering competitive segments, larger FMCG players may face increased difficulty in enforcing trademarks that rely on commonly used language or structures.
Future disputes will likely sharpen the boundaries of brand protection, as companies look for stronger legal footing when defending their trademarks. The decision also highlights the need for FMCG brands to reinforce brand differentiation through distinctive packaging, marketing, and consumer engagement beyond the name alone.