United States Patent and Trademark Office OG Notices: 10 December 2002

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

10-29           EX              75/002,400              S.A. G.H.
                                                        Martel et Cie.

10-29           EX              75/439,223              Shah Trading Corp.


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

2(d)            Refusal                                 body and neck
                Affirmed                                labels applied
                                                        to the bottles for
                                                        applicant's goods,
                                                        such labels
                                                        bearing the words
                                                        "G. H. MARTEL &
                                                        CO.," "CHAMPAGNE,"
                                                        "BRUT," "EPERNAY,"
                                                        and other words
                                                        and designs
                                                        [wines from
                                                        France, namely,
                                                        Champagne]

2(d)            Refusal                                 "SUGAM"
                Affirmed                                [Indian lentils;
                                                        Indian pastes,
                                                        namely, garlic
                                                        paste, ginger
                                                        paste, ginger and
                                                        garlic pastes,
                                                        green chili paste;
                                                        Indian chutneys,
                                                        namely, coriander
                                                        chutney, garlic
                                                        chutney, and red
                                                        pepper chutney;
                                                        Indian flours,
                                                        namely, rice
                                                        flour, corn flour;
                                                        Indian spices,
                                                        namely, mustard
                                                        seeds, fenugreek
                                                        seeds, nutmeg
                                                        powder, cloves]


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"]

"SAGAM" and "SAGAM                              No
(and design)
[both marks for
pepper-based hot
sauce, vinegar, honey
and salt]


(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