Application of Majestic Distilling Company, Inc

RICH, Acting Chief Judge.

This appeal is from a decision by the Trademark Trial and Appeal Board, 153 USPQ 884 (Abstract), affirming the examiner’s refusal to register “CHARRED KEG” as a trademark for whiskey on the ground that the mark is merely descriptive of applicant’s goods. (Section 2(e) (1) Trademark Act of 1946, 15 U. S.C. § 1052(e).) The board also said: “If said term were applied to a type of whiskey other than bourbon it could well be misdescriptive thereof.”

While appellant concedes that the mark is not purely arbitrary, it urges that it does not describe any ingredient, condition,…