The Briefing by Weintraub Tobin cover image

It’s Not Yabba-Dabba-Delicious – TTAB Denies Color Mark for Post Fruity Pebbles!

The Briefing by Weintraub Tobin

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The Case of Post Fruity Pebbles' Color Mark and Acquired Distinctiveness

Discussion of the case where an applicant appealed the refusal of registration for their color mark and submitted additional evidence of acquired distinctiveness, but the examiner found it insufficient. Explains the requirements for registering color marks and the factors considered in determining acquired distinctiveness.

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