Trademark of The Term "Shredded Wheat"
In the United States Supreme Court case Kellogg Co. v. National Biscuit Co. (1938), National Biscuit Co. sued Kellogg, attempting to enjoin Kellogg from using Shredded Wheat as a trade name and from manufacturing the cereal in its pillow-shaped form. The Supreme Court ruled that shredded wheat was generic and not trademarkable; and that in any case, when the first patent for shredded wheat machinery expired in 1912, the right to apply the name "shredded wheat" to the product passed into the public domain along with that patent.
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