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Stock impact report

The case of Fruity Pebbles: 'Stone-age' use does not guarantee trademark protection in colors [Reuters]

Mattel, Inc. (MAT) 
Last mattel, inc. earnings: 2/13 04:05 pm Check Earnings Report
US:NASDAQ Investor Relations: investor.shareholder.com/mattel
Company Research Source: Reuters
Patent and Trademark Office ("USPTO") in certain circumstances, though it can be challenging to protect and register a color mark. Some well-known examples of registered color marks include Tiffany robin's-egg blue and Christian Louboutin red when contrasting with other colors on shoes, and Mattel owns strong common law rights in Barbie pink. However, in other circumstances, color has been held to be unprotectable, such as General Mills' yellow for Cheerios packaging and Pepto Bismol's pink for stomach medication. As an initial matter, a trademark is a word, phrase, symbol, design, or combination that identifies the source of certain goods or services. However, a color can never be an inherently distinctive and protectable mark. Instead, to obtain protection and/or registration, a trademark owner must show that the specific color has acquired distinctiveness for certain goods or services. This means that the mark must have acquired secondary meaning through consistent and substant Show less Read more
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