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

UpLaw has not yet analyzed In re Meyer Bros. Coffee & Spice Co.. The absence of a flag is not a finding that it is good law.

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. 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.