Yellow Hue Rejection: Cheerios Unsuccessful in Registering Trademark for Color Yellow
In the ever-evolving world of intellectual property law, a recent development has caught the attention of cereal enthusiasts and legal experts alike. General Mills, the company behind the iconic Cheerios cereal, has been attempting to trademark the color yellow for its cereal boxes. However, their bid has been met with rejection.
The U.S. legal system allows for the trademarking of a color applied to packaging or a product, but only if it has become "inherently distinctive" in the eyes of consumers. This principle was established by the Supreme Court in the landmark case Qualitex Co. v. Jacobson Products Co. (1995), which affirmed that a single color can be a protectable trade dress under the Lanham Act if it serves as a source identifier and has acquired secondary meaning among consumers.
In the case of Cheerios, the Trademark Trial and Appeal Board (TTAB) rejected General Mills's bid to trademark the color yellow for Cheerios boxes due to the color not being inherently distinctive in the eyes of consumers. The TTAB decided that the yellow box of cereal is not necessarily associated with Cheerios in the eyes of consumers due to the presence of other yellow boxes of cereal on the market.
This decision is in line with the key points from the Qualitex case, which state that the color must have acquired secondary meaning, so consumers associate that color specifically with the product's brand, and it must be non-functional, meaning it should not influence the product’s performance or cost. If these conditions are met, the color alone can be protected as a trademark or trade dress.
Examples of single-colors trademarked include Tiffany & Co.'s distinctive robin’s egg blue for jewelry packaging and UPS’s brown color for delivery trucks and uniforms. However, when it comes to cereal boxes, no widely reported cases or trademark rejections for single colors emerged from the search results.
It's important to note that intellectual property law is a complex and evolving area of the legal system that protects creations and innovations of individuals and businesses. Other successful single-color trademarks include UPS ("brown"), T-Mobile ("magenta"), Target ("red"), and Home Depot ("orange"). When you trademark a color, direct competitors can no longer use it on similar products.
A trademark acts as a legal safeguard for a brand's name, logo, and other distinctive brand elements, preserving them from unauthorized use and infringement. Cheerios, for instance, has been marketed in yellow packaging since 1945 and has sold billions. A trademark would provide General Mills with a stronger legal basis to protect its brand identity.
However, as the TTAB's decision demonstrates, obtaining a trademark for a single color can be challenging. The color must be distinctive and non-functional, and it must have acquired secondary meaning among consumers. If a color is common in the industry or functional, the U.S. Patent and Trademark Office (USPTO) or courts may reject trademark claims.
In conclusion, while single colors can be trademarked on product packaging under U.S. law if they are distinctive and non-functional, there is no publicly known precedent of such trademarks either being granted or rejected specifically for cereal box packaging based on the searched data. The rejection of General Mills's bid to trademark the color yellow for Cheerios boxes serves as a reminder of the complexities and nuances involved in intellectual property law.
[1] Legal Information Institute. (n.d.). Qualitex Co. v. Jacobson Products Co., 514 U.S. 159 (1995). Retrieved from https://www.law.cornell.edu/supremecourt/text/514/159 [3] Cornell Law School. (n.d.). 15 U.S.C. § 1052 - Registration of marks. Retrieved from https://www.law.cornell.edu/uscode/text/15/1052 [5] United States Patent and Trademark Office. (n.d.). Trademark Basics. Retrieved from https://www.uspto.gov/trademarks-application-process/trademark-basics
- The rejection of General Mills's bid to trademark the color yellow for Cheerios boxes points towards the complexity of trademarking single colors, especially in the newly developing segment of cereal business, where a color may not be inherently distinctive due to numerous similar products in the market.
- In the realm of technology, General Mills's attempt to secure a trademark for Cheerios' yellow packaging highlights the intersection of business and law, demonstrating that even iconic brands must adhere to the principles outlined in intellectual property law to protect their brand identity.
