On the use of the term "Shredded Wheat", the Court ruled that the term was generic and not trademarkable; and dismissed a claim by Nabisco that it had acquired a "secondary meaning" under case law.
Kellogg Company is undoubtedly sharing in the goodwill of the article known as 'Shredded Wheat'; and thus is sharing in a market which was created by the skill and judgment of plaintiff's predecessor and has been widely extended by vast expenditures in advertising persistently made.