In re Meyer Bros. Coffee & Spice Co.

U.S. Court of Appeals for the D.C. Circuit
In re Meyer Bros. Coffee & Spice Co., 38 App. D.C. 520 (D.C. Cir. 1912)
1912 U.S. App. LEXIS 2160

In re Meyer Bros. Coffee & Spice Co.

Opinion of the Court

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.

Reference

Full Case Name
IN RE MEYER BROTHERS COFFEE & SPICE COMPANY
Status
Published
Syllabus
Trademarks; Descriptive Words. Begistration as a trademark for coffee of a mark consisting of the representation of a loving cup in connection with the word “Trophy,” is properly refused by the Commissioner of Patents, on the ground 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. (Following Me National Phonograph Go. 29 App. D. C. 142; Worster Brewing Oorp. v. Bueter