Cheerios Unsuccessfully Attempts to Copyright the Shade of Yellow
In the world of branding, a distinctive colour can often be as iconic as a logo or a catchy slogan. Several well-known companies have successfully trademarked single colours, setting a precedent for others to follow. However, as General Mills' recent attempt to trademark the colour yellow for Cheerios cereal boxes demonstrates, the process is not without its challenges.
Google Inc., for example, has managed to protect the term "google" as a trademark, following a legal challenge that the Supreme Court declined to review. This decision means that "google" remains a safeguarded brand element, much like a blog's name, logo, or other distinctive brand elements that can be trademarked to protect a brand's identity.
In a separate case, the Trademark Trial and Appeal Board (TTAB) refused to grant General Mills the trademark for the colour yellow for Cheerios boxes. The TTAB decided that the yellow box of cereal is not necessarily associated with Cheerios in the eyes of consumers, despite the colour's long association with the brand, dating back to 1945.
Not all flavours of Cheerios are packaged in yellow boxes, and there are other yellow boxes of cereal on the market. This lack of distinctiveness was a key factor in the TTAB's decision.
The rejection of General Mills's bid does not affect the trademark protection of the Cheerios name or logo. It is important to understand that trademark law protects a brand's identity, not the product itself.
Other successful single-color trademarks include Cadbury's purple, Tiffany & Co.'s robin's egg blue, Deutsche Telekom's magenta, Target's red, and Home Depot's orange. These companies have demonstrated distinctiveness, consistent use, and consumer recognition, key factors in securing a single-color trademark.
Trademarking a blog's name, logo, and other distinctive brand elements can help protect its brand identity. This is a strategic move that requires understanding the differences between copyright, trademark, and patent protection.
In conclusion, while single-color trademarks can be a powerful branding tool, they are not without their complexities. Companies must demonstrate distinctiveness, consistent use, and consumer recognition to secure a trademark. The TTAB's rejection of General Mills's bid for the colour yellow for Cheerios cereal boxes serves as a reminder of the challenges involved in this process.
[1] https://www.ipo.gov.uk/cadburys-purple-case-study [3] https://www.wipo.int/wipo_magazine/en/2014/04/article_0004.html [5] https://www.tiffany.com/us/en/press/press-releases/tiffany-blue-registered-as-a-trademark-in-china.aspx
- Google Inc., being a significant player in the business realm, has successfully protected the term "google" as a trademark, demonstrating that distinctive brand elements, such as a specific color in finance and business, can be safeguarded to establish a unique identity.
- In contrast, the Trademark Trial and Appeal Board refused General Mills' attempt to trademark the color yellow for Cheerios cereal boxes, indicating that even a long-established association between a color and a brand does not guarantee trademark success, if consumer perception of the color's distinctiveness is not well-defined.
