United States Patent and Trademark Office OG Notices: 18 March 2003

Date            Type of         Proceeding
Issued          Case (1)        or App'n No.            Party/Parties

2-13            EX              74/293,358              G. H. Martel
                                                        et Cie

2-14            EX              76/017,060              Nutro
                                                        Products, Inc.

2-14            EX              76/102,991              FM International
                                                        Services (NY),
                                                        Ltd.


                                Opposer's/              Applicant's/
                                Petitioner's            Respondent's
                TTAB            Mark and                Mark and
Issue           Decision        Goods/Services          Goods/Services

2(d)            Refusal                                 "G.H. MARTEL
                Affirmed                                & CO."
                                                        (and design)
                                                        [champagne wines]

2(d)            Refusal                                 "PUPPY DRUMSTICKS"
                Affirmed                                [pet food, namely,
                                                        snacks for dogs]

2(d)            Refusal                                 "FMI"
                Reversed                                (and design)
                                                        [providing and
                                                        administering
                                                        employee benefit
                                                        and retirement
                                                        programs]


Mark and                                        Citable as
Goods Cited by                                  Precedent
Examining Atty.                                 of TTAB

10 cited registrations,                         No
all owned by the
same entity:
nine registrations for
labels applied to the
bottles for registrant's
goods, all nine labels
bearing the word
"MARTELL" and other words
and/or designs; and
one registration for
the mark "COGNAC.
THE ART OF MARTELL"
[all ten registrations for
"cognac," "cognac
brandy," or "brandy"]

"DRUMSTIX WITH                                  No
REAL CHICKEN & TURKEY"
[cat food]

2 cited registrations,                          No
both owned by the
same entity:
"FMI"
[insurance
underwriting
services];
"FMI"
(in stylized
design format)
[insurance
underwriting services]


(1)EX=EX PARTE APPEAL; OPP=OPPOSITION; CANC=CANCELLATION; CU=CONCURRENT
USE; (SJ)=SUMMARY JUDGMENT; (R)=REQ. FOR RECONSIDERATION; (MD)=MOTION
TO DISMISS; (MR)=MOTION TO REOPEN