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APPLICATION OF MAJESTIC DISTILLING COMPANY

Patent Appeal No. 8220.

420 F.2d 1086 (1970)

Application of MAJESTIC DISTILLING COMPANY, Inc.

United States Court of Customs and Patent Appeals.

February 5, 1970.

Attorney(s) appearing for the Case

Mercer L. Stockell, New York City, Atty. of Record, for appellant.

Joseph Schimmel, Washington, D. C., for the Commissioner of Patents. Charles R. Fowler, Silver Spring, Md., of counsel.

Before RICH, Acting Chief Judge, ALMOND, BALDWIN, LANE, Judges, and RAO, Chief Judge, sitting by designation.

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...

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