In re Andes Candies Inc.

MARKEY, Chief Judge.

This is an appeal from the decision of the Trademark Trial and Appeal Board, abstracted at 171 USPQ 574 (1971) refusing registration of CREME DE MENTHE for “laminated chocolate mint candy squares.” Applicant, relying on use since 1950 and other evidence, sought registration under Section 2(f) of the Trademark Act of 1946.1 The tribunals below considered the mark a flavor designation and viewed the evidence as fail*1266ing to establish a de jure secondary meaning under Sec. 2(f). We affirm.

Appellant’s candies are thin wafers with a top layer of chocolate, a bottom layer of…