Cheerios' Yellow Box Not A Trademark, TTAB Says

Law360, New York (August 23, 2017, 7:50 PM EDT) -- The Trademark Trial and Appeal Board has issued a precedential ruling that General Mills Inc. cannot register the color yellow that appears on boxes of Cheerios cereal as a trademark.

General Mills has been trying for nearly two years to register “the color yellow appearing as the predominant uniform background color” for boxes of “toroidal-shaped, oat-based breakfast cereal,” but was refused by an examiner last summer on the grounds that it had not acquired enough distinctiveness in the eyes of consumers.

The Trademark Trial and Appeals...
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