Cereal Trademarks
In a sea of options, trademarks act as beacons, guiding consumers towards familiar favorites or enticing newcomers to explore novel offerings. These distinctive marks not only differentiate one cereal from another. They're not just logos or slogans; they're what make each cereal stand out and say, "Hey, pick me!" In essence, trademarks are the vibrant personalities that breathe life into the boxes lining store shelves, transforming them from mere commodities into compelling choices that resonate with breakfast enthusiasts everywhere.
U.S. Trademark Law
A trademark, according to the United States Patent and Trademark Office (USPTO), is a form of intellectual property protection granted to words, phrases, symbols, designs, or a combination thereof that are used to identify and distinguish the goods or services of one party from those of others (USPTO). It serves as a commercial symbol, ensuring that consumers can identify the source of a product or service and distinguish it from others in the marketplace.
To be eligible for trademark protection under federal law, a mark must meet the following criteria:
Satisfy the definition of a trademark:
Letters and words
Phrases/Slogans
Colors (secondary meaning needed)
Product shape (secondary meaning needed)
Distinctiveness: The mark must be distinctive and capable of identifying the source of the goods or services.
Trademark must be used in interstate commerce (sales in more than one state)
Once registered with the USPTO, trademarks provide exclusive rights to the owner to use the mark in connection with the specified goods or services, allowing them to enforce their rights against others who use the same or similar marks in a way that could cause confusion among consumers (USPTO). This legal protection helps safeguard the brand identity and reputation of businesses while promoting fair competition in the marketplace.
General Mills, a renowned multinational food corporation, has solidified its reputation as a leader in the industry with a diverse portfolio of beloved cereal brands. Founded officially in 1928, with unofficial roots tracing back to 1856, the company has a long-standing commitment to innovation and creativity in delivering quality products to consumers. Among its brands are household names such as Cheerios, Wheaties, Lucky Charms, and Cinnamon Toast Crunch. At the helm of this success are comprehensive intellectual property strategies, carefully crafted to protect their iconic cereal brands. We discussed these strategies with Josh Burke, a former General Mills attorney, who shared invaluable insights into the company's approach to safeguarding its cereal brands through intellectual property protection measures.
Post Consumer Brands, founded in 1895, has a storied history of delivering delicious and nutritious cereal options to consumers. Among its diverse portfolio of brands are iconic names such as Honey Bunches of Oats, Pebbles, Great Grains, and Malt-O-Meal. These brands represent just a fraction of the innovative products that Post Consumer Brands has brought to market, solidifying its position as a leader in the cereal industry. We spoke with Alex Christian, an attorney at Post Consumer Brands, about Post and intellectual property strategies.
We asked Josh Burke what the key trademarks associated with General Mills cereal brands are, and what makes them particularly significant.
We similarly asked Alex Christian about key trademarks associated with Post Consumer Brands cereals.
The Role of Trademarks in Branding
Iconic cereal logos and slogans are designed to leave a lasting impression on consumers, ensuring their products stand out in a crowded market. Take, for instance, General Mills’ renowned slogan, “Silly Rabbit, Trix are for kids!”, a trademarked phrase featured prominently in commercials and on Trix cereal boxes, solidifying its place in pop culture. Similarly, the enchanting catchphrase “They’re Magically Delicious!” adds an irresistible charm to General Mills’ Lucky Charms cereal. General Mills further reinforces its brands’ identities with trademarked wordmarks such as “Trix” and “Honey Nut Cheerios.” Also, the wordmark “Cinnamon Toast Crunch” and the logo of Cinnamon Toast Crunch is trademarked to General Mills. Additionally, historical instances such as the feature of Mickey Mouse, promoting Disneyland's Adventureland on early boxes of Trix "The Sugar Cereal with the Fruit Flavor," demonstrate the creative and strategic use of trademarks to enhance brand recognition and consumer appeal.
Hanna-Barbera Productions, Inc., a cartoon company, holding the trademark for "Fruity Pebbles" breakfast cereal despite not manufacturing cereal themselves is a classic example of licensing and brand extension. Licensing allows a company to grant permission to another company to use its intellectual property, such as trademarks, patents, or copyrights, in exchange for a fee or royalty. In this case, Hanna-Barbera likely licensed the use of their characters and brand name to Post Consumer Brands, the actual manufacturer of Fruity Pebbles cereal. This benefits both parties involved. For Hanna-Barbera, it extends their brand into new markets and generates additional revenue without having to enter the cereal manufacturing business themselves. For Post Consumer Brands, it gives them access to a recognizable and beloved brand that can help boost sales and market share in the highly competitive breakfast cereal industry.
It's a win-win situation where both companies leverage their strengths to create a successful product. Similarly, Post Consumer Brands has a cereal named Oreo O's, although the Oreo O's wordmark is registered to Intercontinental Great Brands LLC. Post Consumer Brands likely holds a licensing agreement with Intercontinental Great Brands or its parent company, Mondelez International, to use the Oreo O’s trademark. Similar to the previous example with Hanna-Barbera and Fruity Pebbles, this arrangement allows Post Consumer Brands to capitalize on the popularity and recognition of the Oreo brand without actually being the owner of the trademark. By licensing the Oreo trademark, Post Consumer Brands can produce and sell Oreo O's cereal, benefiting from the association with the well-established Oreo brand. And doing so expands the Oreo brand into breakfast cereal, offering new revenue streams for Intercontinental.
In a similar vein, Kellogg safeguards its brand identity with trademarked wordmarks and logos for cereals such as “Apple Jacks” and the iconic “Tony The Tiger”. These symbols of quality and taste are instantly recognizable, evoking a sense of familiarity and trust among consumers. It's crucial to note that while trademarks protect specific uses of words or phrases, companies must specify the goods and services they seek to protect under federal law, ensuring clarity and exclusivity within their respective industries.
We asked Alex Christian how Post navigates the licensing of other companies' trademarks or characters for use in their cereal branding.
Trademark Enforcement and Litigation
By litigating trademark infringements, companies uphold their brand integrity and preserve consumer trust, thereby sustaining competitive advantage within the cereal industry. Consider the legal dispute that commenced in 2004 and concluded with a final ruling on February 15, 2007, between General Mills and Kellogg regarding General Mills' registration of the "CINNAMON TOAST CRUNCH" mark for cereal bars.
To establish acquired distinctiveness, General Mills relied on its history of using the "CINNAMON TOAST CRUNCH" mark for breakfast cereal, backed by previous registrations and extensive sales and advertising figures. Kellogg countered, arguing that the mark was merely descriptive and commonly used in the industry, thus questioning the sufficiency of General Mills' evidence and raising concerns about granting exclusivity to descriptive terms.
Despite these challenges, the Trademark Trial and Appeal Board ultimately ruled in General Mills' favor. The Board found that General Mills had provided satisfactory evidence of acquired distinctiveness, thereby upholding its exclusive rights over the "CINNAMON TOAST CRUNCH" mark for cereal bars. This case underscores the efforts needed to protect trademarks, especially in the competitive cereal industry.
We asked Josh Burke how frequently infringement occurs, and the occurrence of cease-and-desist letters and litigation.
We asked Alex Christian about the trademark registration process.
Finally, Alex explained trademark infringement issues in products we didn’t expect.
References:
General Mills Trademarks - Gerben IP. (2021, January 21). Gerben IP - Trademark Attorneys Trusted for Our Experience®. https://www.gerbenlaw.com/trademarks/food-companies/general-mills
Kellogg Company V. General Mills, Inc. (n.d.). https://ttabvue.uspto.gov/ttabvue/ttabvue-91125884-OPP-21.pdf
The history of Lucky Charms - General Mills. (n.d.). https://www.generalmills.com/news/stories/the-history-of-lucky-charms
Topher’s Breakfast Cereal Character Guide - General Mills. (n.d.). https://www.lavasurfer.com/cereal-generalmills.html
Topher’s Breakfast Cereal Character Guide - Post. (n.d.). https://www.lavasurfer.com/cereal-post.html
Trademark status & Document retrieval. (n.d.-a). https://tsdr.uspto.gov/#caseNumber=77380454&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch
Trademark status & Document retrieval. (n.d.-b). https://tsdr.uspto.gov/#caseNumber=87841306&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch
Trademark status & Document retrieval. (n.d.-c). https://tsdr.uspto.gov/#caseNumber=86686649&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch
Trademark status & Document retrieval. (n.d.-d). https://tsdr.uspto.gov/#caseNumber=73223877&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch
Trademark status & Document retrieval. (n.d.-e). https://tsdr.uspto.gov/#caseNumber=78338199&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch
Trademark status & Document retrieval. (n.d.-f). https://tsdr.uspto.gov/#caseNumber=72233602&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch
Trademark status & Document retrieval. (n.d.-g). https://tsdr.uspto.gov/#caseNumber=75945433&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch
Trademark status & Document retrieval. (n.d.-h). https://tsdr.uspto.gov/#caseNumber=88283384&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch
Trademark status & Document retrieval. (n.d.-i). https://tsdr.uspto.gov/#caseNumber=77167588&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch
Trademark status & Document retrieval. (n.d.-j). https://tsdr.uspto.gov/#caseNumber=73767669&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch
Trademark status & Document retrieval. (n.d.-k). https://tsdr.uspto.gov/#caseNumber=88458361&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch
Trademark status & Document retrieval. (n.d.-l). https://tsdr.uspto.gov/#caseNumber=77628309&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch
What is a trademark? (2023, November 30). USPTO. https://www.uspto.gov/trademarks/basics/what-trademark#:~:text=A%20trademark%20is%20used%20for,legal%20protection%20for%20your%20brand.