1. Why did the Court of Appeals affirm the examiner and refuse to grant the trademark?
2. The Court of Appeals referred to a provision in the Lanham Act that permits recognition of a mark if the proposed mark has acquired a secondary meaning. What do you think that means?

Mayer, Chief Judge
The Boston Beer Company Limited Partnership (“Boston Beer”) appeals from a decision of the U.S. Patent and Trademark Office Trademark Trial and Appeal Board affirming the final rejection of trademark application Serial No. 74/464,118 seeking to register The
Best Beer In America” on the principal register.