Orphicon · Trademark Registration — U.S. Patent Office, 1878
Chocolat Francais — E. Guittard’s Prepared Chocolate Trademark, 1878
Front, in color
Back, Draftsman copy
Trademark registration for Chocolat Francais prepared chocolate, E. Guittard & Co., San Francisco, registered December 3, 1878. The color label sets three allegorical figures against a bay of ships, between two medallions claiming honors for “best chocolate,” one from the Mechanics’ Institute. It was registered ten years after Guittard opened on Sansome Street, and two months before the firm’s Java coffee trademark.
Trademark registration by E. Guittard for Chocolat Francais brand Prepared Chocolate, 1878.
Library of Congress, Prints and Photographs Division, TRADEMARKS, no. 6858.
No known restrictions on publication. https://www.loc.gov/item/2022668943/
Public-domain archival document, 1878. Reproduced as a historical record in editorial and archival context. E. Guittard and Guittard Chocolate Company are marks of a company still trading; no endorsement, affiliation, or connection is claimed or implied.
Object Identification
- What it is: U.S. trademark registration, No. 6,858 — one item on two sheets. The front is the Patent Office form with the color label mounted on it. The back is a monochrome line rendering of the same label on a matching form.
- Mark: Chocolat Francais — prepared chocolate. Patent Office category: Beverages.
- Registrant: Etienne Guittard, proprietor, E. Guittard & Co., Nos. 405 & 407 Sansome Street, San Francisco. Signed Etienne Guittard, Proprietor, by his attorney, Jos. J. Stewart; witnessed by George C. Stewart and James B. Stewart.
- Dates: registered December 3, 1878. A handwritten line at the foot reads Nov. 26, 1878, after a word not read with certainty.
- Printer: a very small line on the label, read as Lith. Britton, Rey & Co. S.F. — likely, not certain.
- Size: sheet 26 × 39 cm.
- Held by: Library of Congress, Prints and Photographs Division · TRADEMARKS, no. 6858 [P&P] · LCCN 2022668943 · LC-DIG-trmk-1t06858 (front), LC-DIG-trmk-2t06858 (back).
Visible on the label:
- Center: under an arch, a helmeted figure holding the United States flag; a seated figure gesturing toward the water; a figure in a feathered headdress resting on a crate marked “E.G. & Co. S.F.”; a bear at their feet. Behind them, a bay with a sailing ship and a steamship, hills, and a steam locomotive.
- Medallions: Industrial Exhibition — Highest — Best Chocolate (left) · Mechanics’ Institute — Premium — Best Chocolate (right).
- Lower corners: cherubs beside large gold discs.
- Lettering: Chocolat Francais · E. Guittard & Co., San Francisco · Nos. 405 & 407 Sansome St.
- No directions, ingredients or price.
- Clerks’ marks on the front: a stamp, Trade Mark / Beverages; “Beverages” in blue pencil; 9605 / 306; 6858; and in the margin, Etienne Guittard, Trade Mark for Prepared Chocolate.
- The back: a diagonal red stamp, Draftsman; faint reversed lettering showing through the paper.
Historical Context
- Guittard’s first decade. Guittard’s own history records that Etienne Guittard, from Tournus, France, opened on Sansome Street in 1868, selling coffee, tea and spices alongside chocolate. This registration comes ten years later, at the same address as the firm’s Java coffee trademark of February 1879 (No. 6,991).
- The Mechanics’ Institute. Founded in San Francisco in 1854 by builders, artisans and engineers, the Institute held thirty-one Industrial Fairs between 1857 and 1899 to promote locally made goods. The label’s medallions name an “Industrial Exhibition” and the “Mechanics’ Institute”; which fair and which year are not established here.
- Recorded as a beverage. The Patent Office filed the mark under Beverages, not confectionery.
- The registration law. Like the Java coffee mark, it was registered under the federal trademark law of 1870, which the U.S. Supreme Court held beyond Congress’s power in the Trade-Mark Cases later in 1879.
Curatorial Interpretation
The brand is French; the picture is San Francisco. A French-born maker sells Chocolat Francais from a scene of his adopted city — ships on the bay, a locomotive, a bear, and a crate stencilled with his firm’s San Francisco initials. The same helmeted figure, feathered figure, crate and bear appear on Guittard’s Java coffee label two months later, which suggests an emblem the firm used across its goods. The medallions borrow the standing of a civic exhibition to vouch for a business ten years old. And the record keeps two versions of one label: the color design a customer would have seen, and the Patent Office’s line copy, stamped Draftsman.
From The Palimpsest
Beyond Chocolate: Guittard’s Coffee Years
Both registrations, read together — and why a San Francisco chocolate house also sold coffee.
Read the EssayWhat Remains Open
- The medallions: which exhibition, which year, which award. The Mechanics’ Institute exhibition reports could settle it.
- The printer’s line: Britton, Rey & Co. is probable, not certain.
- The attorney’s initial: Jos. J. here, read as Jos. G. on No. 6,991. Probably the same man; the 6,991 record keeps its reading until checked again.
- The handwritten word before Nov. 26, 1878 on both sheets.
- The “Draftsman” stamp — what it meant in Patent Office practice.
Related Material
The companion registration
Chartres Old Gov’t Java — E. Guittard’s Coffee Trademark, 1879
The coffee mark registered nine weeks later, carrying the same emblem.
- Library of Congress — record 2022668943, TRADEMARKS no. 6858
- Guittard Chocolate Company — Our History
- Mechanics’ Institute — History & Mission
- Mechanics’ Institute — Report of the Industrial Exhibition, 1871 (Internet Archive)
- Joseph Britton (lithographer) — Wikipedia
- In re Trade-Mark Cases, 100 U.S. 82 (1879) — FindLaw