Kellogg Co. filed a lawsuit earlier this month challenging rival General Mills’ trademark on the phrase “cinnamon toast crunch.”
Kellogg has contested General Mills’ ownership of the term since 2000, when General Mills reportedly asked the U.S. Patent and Trademark Office to extend Mills’ trademark beyond cereal to include a breakfast bar.
A trademark appeal board found in favor of General Mills in September 2004, and Kellogg filed its suit Nov. 12 in an effort to overturn the appeal board’s ruling. Mills has held the trademark since 1985, when it launched Cinnamon Toast Crunch cereal.
Kellogg contends that “cinnamon toast” means more to consumers than just a single product; the appeal board’s Sept. 14 ruling said that Kellogg didn’t prove it had commercial interest in the phrase, per news reports. Kellogg reportedly argued in its suit that it has used the term to describe Apple Jacks cereal and Eggo waffles.
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