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