In re Meyer Bros. Coffee & Spice Co.

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…