Opinion · Court of Appeals for the D.C. Circuit
In re Meyer Bros. Coffee & Spice Co.
In re Meyer Bros. Coffee & Spice Co., 38 App. D.C. 520 (Court of Appeals for the D.C. Circuit 1912)
- Type
- Opinion
- Court
- Court of Appeals for the D.C. Circuit
- Jurisdiction
- Federal
- Date
- 1912-04-01
- Topic
- intellectual-property-and-technology
Mr. Chief Justice Shepard delivered the opinion of the Court: Applicant, The Meyer Brothers Coffee & Spice Company, appeals from a decision of the Commissioner of Patents denying registration of a trademark for coffee, which consists of the representation of a loving cup in connection with the word “Trophy.” The Commissioner held that the mark is descriptive in that it indicates that the applicant’s goods have been recognized as of a superior quality by the presentation of a prize or trophy. The decision is within the principle governing former decisions of this court, and others. See Re National Phonograph Co. 29 App. D.
Citator
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delivered the opinion of the Court:
Applicant, The Meyer Brothers Coffee & Spice Company, appeals from a decision of the Commissioner of Patents denying registration of a trademark for coffee, which consists of the representation of a loving cup in connection with the word “Trophy.”
The Commissioner held that the mark is descriptive in that it indicates that the applicant’s goods have been recognized as of a superior quality by the presentation of a prize or trophy.
The decision is within the principle governing former decisions of this court, and others. See Re National Phonograph Co. 29 App. D. C. 142; Worster Brewing Corp. v. Rueter & Co. 30 App. D. C. 428; Re Meyer Bros. Coffee & Spice Co. 32 App. D. C. 277; Re New South Brewery & Ice Co. 32 App. D. C. 591; Taylor v. Gillies, 59 N. Y. 331, 17 Am. Rep. 333; Standard Paint Co. v. Trinidad Asphalt Mfg. Co. 220 U. S. 446-453, 55 L. ed. 536-540, 31 Sup. Ct. Rep. 456.
The decision will be affirmed and this decision certified to the Commissioner of Patents. Affirmed.