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Expert Analysis

A Rainbow Of Lessons From Fruity Pebbles' TTAB Loss

By Troy Viger and Jenevieve Maerker ( March 22, 2024, 1:48 PM EDT) -- In a precedential decision in January,[1] the Trademark Trial and Appeal Board affirmed refusal of Post Foods LLC's application to register a color mark, consisting of "the colors of yellow, green, light blue, purple, orange, red and pink applied to the entire surface of crisp cereal pieces," depicted below, on the Principal Register for "breakfast cereals":...

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