Application of J. Hungerford Smith Co

*695WORLEY, Chief Judge.

This appeal is from the decision of the Trademark Trial and Appeal Board of the United States Patent Office affirming the decision of the Examiner of Trademarks refusing appellant’s application for registration of “Burgundy” for use on a soft drink syrup, on the principal register under the provisions of Section 2(f) of the Lanham Act, 15 U.S.C.A. § 1052(f).

Appellant originally sought registration without reference to Section 2(f). However, after repeated rejections by the -examiner on the ground that “Burgundy” ■denotes a flavor designation and is therefore descriptive,…