Seattle Strong is standing up to Nestlé after the multi-national Swiss giant is going after their trademark in the United States Patent and Trademark office (USPTO).
(Image by Seattle Strong)
What is Seattle Strong?
Evan Oeflein founded “Seattle Strong” in 2017 as a class project and now owns and operates the Seattle-based, ready-to-drink cold brew coffee company. After graduating in 2018, Oeflein decided to operate the company full-time. Throughout the past 7 years, the company has steadily diversified its coffee products and is now available in grocery stores across the U.S.
Seattle Strong aims to uphold their love for Seattle’s coffee and culture by creating healthy but flavorful cold brew coffee products. But In April 2025, Nestlé stepped in.
Nestlé’s Intervention
On April 1st, 2025, Nestlé filed a petition to cancel the “Seattle Strong” wordmark, claiming it’s too similar to the “Seattle’s Best Coffee” trademark. Nestlé also argued that the goods associated with both trademarks are “identical” and are likely to confuse consumers.
Nestlé acquired the “Seattle’s Best Coffee” brand from Starbucks in 2022 and has owned it since, specializing in wholesale coffee, whole-bean coffee, and coffee K-cups.
In response to the claims made in the petition, Oeflein stated that “the only overlap between ‘Seattle’s Best’ and ‘Seattle Strong’ is the word Seattle.” While Evan makes a good point, we have to take in consideration the rules set by the USPTO.
How Seattle’s Best and Seattle Strong Came to Clash
Starbucks bought the “SEATTLE’S BEST” brand in 2003 after it had changed hands multiple times. Nearly two decades later, in October 2022, Starbucks sold “Seattle’s Best Coffee” to Nestlé.
Back in 2019, while Starbucks still owned the “Seattle’s Best” brand, Oeflein was able to successfully register a “SEATTLE STRONG” logo, which he later used to register the words “SEATTLE STRONG” in 2023.
Registration No. 5854381 – owned by SEATTLE STRONG COFFEE CO.
A year and a half after the registration, Nestlé swooped in and filed a petition to cancel the “SEATTLE STRONG” word mark, claiming it infringed on the “SEATTLE’S BEST” trademark. Typically, the USPTO does not allow marks that are confusingly similar to coexist, but in this case, “SEATTLE STRONG” appears to have slipped through without any objection from the USPTO or Starbucks.
Nestlé, the current owner, must now defend the “SEATTLE’S BEST” brand, showing that others can still challenge registered trademarks under the right circumstances.
What is a petition to cancel?
A petition to cancel is a legal proceeding filed with the USPTO’s Trademark Trial and Appeal Board (TTAB) to challenge and potentially remove a registered trademark from the federal register.
Applicants file an opposition before a trademark is registered, but parties use a cancellation petition after the trademark application has already been approved. Common reasons for filing include:
- The mark is confusingly similar to an existing trademark
- The mark is descriptive, generic, or misleading
- The owner has abandoned the trademark or isn’t using it
- The mark dilutes a famous brand
- The application is improperly filed
The process is similar to a lawsuit, involving pleadings, discovery, legal arguments, and ultimately a decision from the TTAB. Many people assume trademark registration offers permanent protection, but in reality, others can still challenge and cancel registered marks.
Takeaways for Your Business
If there’s one thing to learn from this petition is that trademarks are not bulletproof.
Whether you’re looking to start a company or you already have one, it’s important to do your research before committing to a name. The USPTO website allows users to search for pending, registered, and cancelled trademarks, but navigating the nuances of trademark law can be confusing. We always recommend consulting a licensed attorney, since they can accurately assess your mark’s ability to register.
If you have questions about your trademark or want to ensure your brand is protected, give us a call at 713-364-4796 or send us an email at info@madan-law.com to schedule a free 20-minute consultation with our team.