The Trademark Trial and Appeal Board (TTAB) recently made a decision that is expected to have important implications for trademark law. Post Foods LLC’s application to register a multi-color mark for their Fruity Pebbles breakfast cereal was denied. In this case, the color mark was constituted by seven colors: yellow, green, light blue, purple, orange, red, and pink applied to the entire surface of crisp cereal pieces.
Experts Troy Viger and Jenevieve Maerker have observed that the TTAB’s decision in this case underscores the significance of several factors when seeking protection for trade dress, namely mark description, mark drawing, and goods identification. In other words, the interplay among these three elements is crucial for the successful registration of a trademark.
The key takeaway from the Fruity Pebbles case is the need for alignment and consistency among these three parameters, which, if not handled well, could lead to a potential rejection from the TTAB.
Troy Viger and Jenevieve Maerker’s in-depth analysis provides further insights on how other corporations can navigate this complex terrain.