
    IN RE MEYER BROTHERS COFFEE & SPICE COMPANY.
    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.)
    No. 538.
    Patent Appeals.
    Submitted November 17, 1908.
    Decided December 22, 1908.
    Hearing on an appeal from a decision of the Commissioner of Patents rejecting an application for the registration of a trademark.
    
      Affirmed.
    
    The facts are stated in the opinion.
    
      Mr. James A. Carr for the appellant.
    
      Mr. Webster 8. Buckman for the Commissioner of Patents.
   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.  