Did Pepsi Lose Sierra Mist Trademark? What Really Happened
Introduction: Did Pepsi Really Lose the Sierra Mist Trademark?
If you’ve searched “did Pepsi lose Sierra Mist trademark”, you’re probably wondering whether one of the world’s biggest beverage companies actually lost the legal rights to one of its most recognisable soft drink brands.
Short answer: no, Pepsi did not “lose” the Sierra Mist trademark in the traditional legal sense.
However, what did happen is far more interesting, and far more relevant for business owners, founders, and brand builders. Sierra Mist was strategically retired and replaced, raising important questions about trademark use, brand value, and what happens when a trademark is no longer commercially viable.
This article breaks down:
What really happened to Sierra Mist
Whether Pepsi lost trademark rights
Why this matters for businesses of all sizes
Practical lessons for protecting and future-proofing your own brand
What Is Sierra Mist and Who Owns It?
Sierra Mist was a lemon-lime soft drink launched by PepsiCo in 1999 as a direct competitor to Sprite.
For years, Sierra Mist struggled to gain the same market traction as its rivals, despite multiple formula changes, packaging updates, and marketing campaigns.
Importantly, Pepsi owned the Sierra Mist trademark in key markets, including the United States.
Did Pepsi Lose the Sierra Mist Trademark?
The Legal Reality
From a trademark law perspective, Pepsi did not lose Sierra Mist due to infringement, opposition, or cancellation by a third party.
There was:
No public trademark dispute is forcing Pepsi to give up the name
No court ruling stripping Pepsi of ownership
No competitor successfully challenged the mark
Instead, Pepsi made a commercial decision.
What Actually Happened to Sierra Mist?
Sierra Mist Was Discontinued — Not Taken Away
In 2023, Pepsi officially discontinued Sierra Mist and replaced it with a new lemon-lime drink called Starry.
This means:
Sierra Mist stopped being sold
Marketing and distribution ended
Starry became Pepsi’s new flagship lemon-lime brand
From a trademark standpoint, this creates a risk window, not an automatic loss.
Why Trademark Use Matters More Than Ownership
One of the most misunderstood aspects of trademark law is this:
Owning a trademark is not enough, you must actively use it.
If a trademark is not genuinely used for a prolonged period (often 3–5 years, depending on jurisdiction), it can become vulnerable to:
Non-use cancellation
Partial revocation
Loss of enforceability
By discontinuing Sierra Mist, Pepsi potentially opened the door to future challenges if the mark is not maintained or revived.
Did Pepsi Abandon the Sierra Mist Trademark?
Abandonment vs Strategic Dormancy
Trademark abandonment usually requires:
Non-use and
Intent not to resume use
Large corporations like Pepsi often:
Keep trademarks registered defensively
Maintain residual use (e.g. internal planning, limited sales, licensing)
Preserve brand assets for potential future relaunches
So while Sierra Mist is no longer on shelves, that does not automatically mean the trademark is abandoned.
Why This Matters for Small Businesses and Founders
This isn’t just a “big brand” story; it’s a warning sign for growing businesses.
Key Business Risks Highlighted by Sierra Mist
1. Non-Use Can Kill a Trademark
If you stop trading under a brand name, your trademark can be challenged.
2. Rebrands Don’t Automatically Protect You
Switching to a new brand (like Starry) doesn’t protect the old one unless it’s actively managed.
3. Valuable Names Can Become Available
Dormant trademarks can sometimes be legally removed — opening opportunities for others.
Practical Trademark Lessons You Can Apply Today
1. Use Your Trademark Consistently
If you’ve registered a name but stopped using it, you could lose it.
2. Monitor Brand Changes Carefully
Rebrands should include a trademark strategy, not just marketing.
3. Keep Evidence of Use
Invoices, websites, packaging, and social media all help defend your mark.
4. Don’t Assume “Big Brands Are Safe”
If Sierra Mist can be discontinued, any unused brand is vulnerable.
FAQs: Did Pepsi Lose Sierra Mist Trademark?
Did Pepsi lose the Sierra Mist trademark to another company?
No. There is no evidence that Pepsi lost the trademark due to a legal dispute or third-party claim.
Is the Sierra Mist trademark abandoned?
Not officially. Discontinuation alone does not equal abandonment, but prolonged non-use could make it vulnerable.
Can someone else register Sierra Mist now?
Unlikely in the short term. Large companies often retain dormant trademarks defensively.
Why did Pepsi replace Sierra Mist with Starry?
Primarily due to poor market performance and a desire for a fresh brand with stronger appeal.
What happens if a trademark isn’t used?
In many jurisdictions, it can be cancelled for non-use if challenged.
Final Thoughts: The Real Lesson Behind Sierra Mist
So, did Pepsi lose the Sierra Mist trademark? No, but they demonstrated how quickly a brand can lose relevance if it stops being used.
For founders and business owners, the takeaway is clear:
A trademark only has value if it’s alive.
If you’re sitting on unused brand names, planning a rebrand, or unsure whether your trademark is actually protected, now is the time to review your strategy, before someone else does it for you.
If you’d like help understanding trademark use, non-use risks, or brand protection for your business, this is exactly where early advice can save serious time and money.