In a recent development, the Trademark Trial and Appeal Board (TTAB) reinforced an earlier decision to deny Post Foods LLC’s bid to register a trademark on its Fruity Pebbles cereal brand. The TTAB concurred with an initial judgment by a trademark examiner who stated that the colors of a cereal are not “inherently distinctive”.
Post Foods sought a trademark on its colorful Fruity Pebbles cereal, emphasizing the product’s unique palette as a defining aspect. The TTAB, however, upheld a stance that caused difficulty for Post Foods in their quest to secure their colorful trademark. The board agreed with the examiner’s viewpoint that cereal colors do not inherently meet a threshold of distinctive character that warrants trademark protection.
This decision signifies another chapter in the ongoing debate about the extent to which visual elements like color patterns can be trademarked. It is a subject that certainly merits consideration among corporations and law firms alike, bearing significant implications for product branding and intellectual property rights.
For a detailed account of the judgment by the TTAB, please refer to this article.