Application of Duvernoy & Sons, Inc

COLE, Judge.

Having continuously since 1919 affixed the word expression “Consistently Superior” to its bakery products (bread, rolls, biscuits, cakes, pies and pastries), Duvernoy & Sons, Inc., the appellant herein, filed its application in 1947 to register that notation as a trade mark on the Principal Register of the United States Patent Office. Registrability of the alleged mark was claimed in accord anee with the provisions of section 2(f) of the Trade Mark Act of 1946, 1 the appellant contending that the notation had become distinctive of its goods in commerce. In asserted proof of its…