In re Vortex Cup Co.

This is an appeal from the decision of the Commissioner of Patents affirming the decision of the Examiner of Trade-Marks denying appellant’s application for the registration of the trade-mark “Trophy,” for use on paper drinking cups.

In his decision, the examiner held that the trade-mark “Trophy” was merely descriptive of paper drinking cups, or of a characteristic or quality possessed by them. In ,so holding, he relied upon the decision in the case of In re Meyer Brothers Coffee & Spice Company, 38 App. D. C. 520, wherein it was held that a trade-mark consisting of a representation of a…