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

