
    IN RE MEYER BROTHERS COFFEE & SPICE COMPANY.
    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 <6 Co. 30 App. D. C. 428; Re Meyer Bros. Coffee & Spice Co. 32 App. D. C. 277; and Re New South Brewery & Ice Go. 32 App. D. C. 591.)
    No. 756.
    Patent Appeals.
    Submitted March 14, 1912.
    Decided April 1, 1912.
    Hearing on an appeal from a decision of the Commissioner of Patents denying 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. 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.  