In re Meyer Bros. Coffee & Spice Co.

U.S. Court of Appeals for the D.C. Circuit
In re Meyer Bros. Coffee & Spice Co., 32 App. D.C. 277 (D.C. Cir. 1908)
1908 U.S. App. LEXIS 5718
Orsdel

In re Meyer Bros. Coffee & Spice Co.

Opinion of the Court

Mr. Justice Van Orsdel

delivered the opinion of the Court:

This is an appeal from a decision of the Commissioner of Patents refusing registration to appellant, Meyer Brothers Coffee & Spice Company, of the words “America’s Strength” as a trademark for coffee. Neither of the words used in this combination would, standing alone, be registerable as a trademark for coffee. The word “America” is clearly geographical. Shaver v. Heller & M. Co. 65 L.R.A. 878, 48 C. C. A. 48, 108 Fed. 821. The word “strength,” if used as a mark on coffee, would be descriptive of quality, and likewise prohibited by sec. 5 of the trademark act of 1905. This court has held that a registerable mark cannot be made by combining two nonregisterable words. Kentucky Distilleries & Warehouse Co. v. Old Lexington Club Distilling Co. 31 App. D. C. 223.

The decision of the Commissioner is affirmed, and the clerk, is directed to certify these proceedings, as, by law, required.

Affirmed.

A petition for a rehearing was denied January 7, 1909.

Reference

Full Case Name
IN RE MEYER BROTHERS COFFEE & SPICE COMPANY
Cited By
1 case
Status
Published
Syllabus
Trademarks. A mark registerablé as a trademark cannot be made by combining two nonregisterable words, suck as “America” and “Strengtk.” (Eollowing Kentucky Distilleries & Warehouse Co. v. Old Lexington Club Distilling Co. 31 App. D. C. 223.)