United States Patent and Trademark Office OG Notices: 01 April 2003
Date Type of Proceeding Issued Case (1) or App'n No. Party/Parties 2-26 EX 76/092,345 S. Martinelli & Co. 2-26 EX 75/698,975 Tower Tech, Inc. Opposer's/ Applicant's/ Petitioner's Respondent's TTAB Mark and Mark and Issue Decision Goods/Services Goods/Services 2(d) Refusal "MARTINELLI'S Reversed GOLD MEDAL" (in stylized lettering) [mulling spice] 2(d); Refusal "TOWER TECH" 2(e)(1) Affirmed [evaporative and but only conductive heat on 2(d) transfer equip- ground ment, namely, cooling towers, heat exchangers, industrial cooling water treatment units, and parts thereof; cooling tower rental services, and construction, erection, and maintenance of cooling towers] Mark and Citable as Goods Cited by Precedent Examining Atty. of TTAB 2 cited registrations, No both owned by the same entity: "GOLD MEDAL" and "GOLD MEDAL" (in stylized lettering) [both marks for spices and processed herbs; and extracts other than vanilla, used as food flavoring; food flavoring, other than vanilla, containing nonessential oils; mustard] "TOWERTECH" No [construction and maintenance services, namely, building, inspecting, maintaining, upgrading, and removal of towers and tower sites] (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