United States Patent and Trademark Office OG Notices: 30 September 2003

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

8-29            CANC            30,920                  Cottee Dairy
                                                        Products Pty Ltd.
                                                        v. U.S. Foods &
                                                        Pharmaceuticals,
                                                        Inc.

8-29            EX              75/344,125              Woodflame Inc.


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

abandonment;    Petition        "DAIRYCAL" and          "DARI CAL"
proof of        to Cancel       "DAIRYCAL MILK          [nutritional milk
standing        Denied          CALCIUM"                mineral supple-
                                [pharmaceutical         ments, namely, a
                                substances;             purified powdered
                                infants' and            form of milk
                                invalids' foods;        minerals extracted
                                vegetable and meat      from whey permeate
                                extracts; dairy         and/or whey and
                                products; food          delactosed whey
                                supplements; etc.]      permeate]

Section 6       Refusal                                 "WOODFLAME GRILL"
disclaimer      Affirmed                                (and design)
requirement                                             [fuel oil, wood
(of the words                                           chips for use as
WOOD-FLAME                                              fuel; cooking,
GRILL)                                                  grilling, and
                                                        barbecuing
                                                        apparatus using
                                                        generally wood
                                                        fuel, namely,
                                                        barbecue grill,
                                                        smoker, camp wood
                                                        burning stove,
                                                        wood burning
                                                        stove, outdoor
                                                        wood burning
                                                        heater, hot water
                                                        heater, fish
                                                        grill, bread grill
                                                        and electric hot
                                                        plates]


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

                                                No

                                                No


(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