Yellow Hue Eludes Trademark Status for Cheerios Brand
In a recent decision, the Trademark Trial and Appeal Board (TTAB) has rejected General Mills's attempt to trademark the color yellow for Cheerios cereal boxes. This move comes after two years of efforts by the company to secure legal protection for the distinctive hue that has been associated with the popular breakfast cereal since 1945.
Under U.S. trademark law, intellectual property protection extends to copyright, trademark, and patent. Trademarking a single color on product packaging involves several key steps and considerations. The color must be distinctive and acquire secondary meaning, meaning consumers must associate the color with the brand. Additionally, the color cannot serve a functional purpose, such as affecting the quality or performance of the product.
General Mills argued that the yellow packaging for Cheerios had become inherently distinctive in the eyes of consumers. However, the TTAB decided that the yellow box of cereal is not necessarily associated with Cheerios in the eyes of consumers.
This decision is significant as it highlights the complex and constantly evolving nature of intellectual property law. In the past, successful single-color trademarks have been granted for brands such as Tiffany & Co.'s robin's egg blue, Christian Louboutin's red sole, and UPS's brown.
Meanwhile, in a separate case, the Supreme Court declined to review a legal challenge regarding the trademark of "google." This decision does not nullify the term "google," but it does not provide any additional protection for the tech giant.
Interestingly, Chris Gillespie had registered 763 domain names that included the word "google." Google Inc. filed a cybersquatting lawsuit against Gillespie, alleging that he had registered the domain names with the intent to profit from Google's goodwill.
The trademarking of a single color on product packaging can help prevent unauthorized use and infringement. Brands such as Facebook, Messenger, Twitter, Pinterest, LinkedIn, WhatsApp, and Email have all trademarked their distinctive brand elements.
As the breakfast cereal market remains competitive, the TTAB's decision prevents direct competitors from using yellow on similar cereal products. While Cheerios itself comes in a variety of flavors, not all of which are packaged in yellow boxes, the decision underscores the importance of protecting a brand's identity in a crowded marketplace.
In summary, the TTAB's rejection of General Mills's bid to trademark the color yellow for Cheerios boxes serves as a reminder of the complexities involved in intellectual property law. The case also highlights the significance of protecting a brand's identity, whether through trademarking a single color or other brand elements.
The complexities of intellectual property law were further demonstrated in the TTAB's decision, which rejects General Mills's bid to trademark the color yellow for Cheerios boxes. This rejection underscores the importance of protecting a brand's identity through trademarking not just colors, but also other distinct brand elements, such as those commonly used in technology and business, like Facebook, Messenger, Twitter, Pinterest, LinkedIn, WhatsApp, and Email.
