n -rme
`MWWW
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`
`¢
`
`012
`U.s.p3ten‘& T 8-2003
`Mofc/TMMaiIRcp1D¢_#30
`
`UNITED STATES PATENT AND TRADEMARK
`oF|=|cE
`Trademark Trial and Appeal Board
`2900 Crystal Drive
`Arlington, Virginia 22202-3513
`
`Wetterau Incorporated
`
`8920 Pershall Road
`
`Hazelwood, MO 63042
`
`FELICIA G. TRAUB
`
`c/o Colgate-Palmolive Co
`300 PARK AVENUE
`NEW YORK, NY 10022-7402
`
`Mailed:
`
`January 13, 2003
`
`Cancellation No. 92041402
`Reg. No.
`l932428
`
`Colgate—Palmolive Co
`
`V.
`
`Wetterau Incorporated
`
`w;
`L"
`
`E
`:
`N
`
`/\.
`
`._.
`
`Duion L. Walker, Legal Asssistant
`
`A petition,
`
`a copy of which is attached, has been filed to
`
`cancel
`
`the above—identified registration.
`
`Proceedings will be conducted in accordance with the
`Trademark Rules of Practice.
`
`ANSWER IS DUE FORTY DAYS after the mailing date hereof.
`(See Patent and Trademark Rule 1.7 for expiration date
`
`falling on Saturday, Sunday or a holiday).
`
`Proceedings will be conducted in accordance with the
`
`Trademark Rules of Practice, set forth in Title 37, part 2,
`
`The parties are
`of the Code of Federal Regulations.
`reminded of the recent amendments to the Trademark Rules
`
`that became effective October 9, 1998.
`
`See Notice of Final
`
`Rulemaking published in the Official Gazette on September
`
`29, 1998 at 1214 TMOG 145. Slight corrections to the
`
`rules, resulting in a correction notice, were published in
`the Official Gazette on October 20, 1998 at
`l2l5 TMOG 64.
`
`A copy of the recent amendments to the Trademark Rules, as
`
`Q
`
`
`MWWW
`t
`
`¢
`
`012
`U.s.p3ten‘& T 8-2003
`Mofc/TMMaiIRcp1D¢_#30
`
`UNITED STATES PATENT AND TRADEMARK
`oF|=|cE
`Trademark Trial and Appeal Board
`2900 Crystal Drive
`Arlington, Virginia 22202-3513
`
`Wetterau Incorporated
`
`8920 Pershall Road
`
`Hazelwood, MO 63042
`
`FELICIA G. TRAUB
`
`c/o Colgate-Palmolive Co
`300 PARK AVENUE
`NEW YORK, NY 10022-7402
`
`Mailed:
`
`January 13, 2003
`
`Cancellation No. 92041402
`Reg. No.
`l932428
`
`Colgate—Palmolive Co
`
`V.
`
`Wetterau Incorporated
`
`w;
`L"
`
`E
`:
`N
`
`/\.
`
`._.
`
`Duion L. Walker, Legal Asssistant
`
`A petition,
`
`a copy of which is attached, has been filed to
`
`cancel
`
`the above—identified registration.
`
`Proceedings will be conducted in accordance with the
`Trademark Rules of Practice.
`
`ANSWER IS DUE FORTY DAYS after the mailing date hereof.
`(See Patent and Trademark Rule 1.7 for expiration date
`
`falling on Saturday, Sunday or a holiday).
`
`Proceedings will be conducted in accordance with the
`
`Trademark Rules of Practice, set forth in Title 37, part 2,
`
`The parties are
`of the Code of Federal Regulations.
`reminded of the recent amendments to the Trademark Rules
`
`that became effective October 9, 1998.
`
`See Notice of Final
`
`Rulemaking published in the Official Gazette on September
`
`29, 1998 at 1214 TMOG 145. Slight corrections to the
`
`rules, resulting in a correction notice, were published in
`the Official Gazette on October 20, 1998 at
`l2l5 TMOG 64.
`
`A copy of the recent amendments to the Trademark Rules, as
`
`Q
`
`
`
`
`
`well as the Trademark Trial and Appeal Board Manual of
`fi;Procedure (TBMP),
`is available at http://www.uspto.gov.
`
`Discovery and testimony periods are set as follows:
`
`Discovery period to open:
`
`February 02, 2003
`
`Discovery period to close:
`
`August 01, 2003
`
`30-day testimony period for party
`in position of plaintiff to close:
`
`October 30, 2003
`
`30~day testimony period for party
`in position of defendant
`to close:
`
`December 29, 2003
`
`15-day rebuttal testimony period
`for plaintiff to close:
`
`February 12, 2004
`
`A party must serve on the adverse party a copy of the
`
`transcript of any testimony taken during the party's
`testimony period,
`together with copies of documentary
`exhibits, within 30 days after completion of the taking of
`
`such testimony.
`
`See Trademark Rule 2.l25.
`
`Briefs shall be filed in accordance with Trademark Rule
`
`An oral hearing will be set only upon
`2.l28(a) and (b).
`request filed as provided by Trademark Rule 2.l29.
`
`NOTE:
`The Board allows parties to utilize telephone
`conferences to discuss or resolve many interlocutory
`matters that arise in inter partes cases.
`See the Official
`Gazette notice titled “Permanent Expansion of Telephone
`
`Conferencing on Interlocutory Matters in Inter Partes Cases
`
`Before the Trademark Trial and Appeal Board,” 1235 TMOG 68
`(June 20, 2000).
`A hard copy of the Official Gazette
`
`containing this notice is available for a fee from the
`Superintendent of Documents, U.S. Government Printing
`
`Office, Washington, D.C. 20402 (Telephone (202) 512-1800).
`The notice is also available at http://www.uspto.gov.
`
`Interlocutory matters which the Board agrees to discuss or
`decide by phone conference may be decided adversely to any
`party which fails to participate.
`
`
`
`
`
`9
`
`If the parties to this proceeding are also parties to other
`:'Board proceedings involving related marks or, during the
`pendency of this proceeding,
`they become parties to such
`proceedings,
`they should notify the Board immediately,
`so
`that the Board can consider consolidation of proceedings.
`
`
`
`
`
`IN THE UNITED STATES‘ PATENT & TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`’ In the Matter of the Trademark Registration No. 1932428
`U48. Patent & TMOR:/TM Mail Ficpt, or, 4157
`Date Registered :
`November 7, 1995
`,_.__.o—— —-#““““““"*“‘“w'"“mmflnm
`'
`Illllll|||||llllllllllllllllllllllllllllllllllllll
`O02
`
`X
`
`COLGATE-PALMOLIVE COMPANY,
`
`Petitioner,
`
`v.
`
`WETTERAU Incoporated,
`Registrant.
`
`.
`
`:
`
`:
`
`X
`
`U 9 "“‘°::*.:“:I°2’:*0“:i' “CD101. #30
`
`‘
`
`'
`
`PETITION FOR
`CANCELLATION
`
`Cancellation No. z//l/
`
`Colgate-Palmolive Company, a Delaware Corporation located and doing
`
`business at 300 Park Avenue, New York, New York 10022-7499 (hereafter “Petitioner”)
`
`believes that it is or will be damaged by Registration No. 1932428 and hereby petitions to
`
`cancel the same.
`
`CERTIFICATE OF MAILING BY "EXPRESS MAIL"
`
`"EXPRESS MAIL" Mailing Label Number: EL6869l0268US
`
`Date of Deposit: August 16, 2002
`
`I hereby certify that this paper or fee is being deposited with the United States Postal Service ‘EXPRESS
`MAIL POST OFFICE TO ADDRESSEE' Service under 37 CFR l.l0 on the date indicated above and is
`addressed to the Assistant Commissioner for Trademarks, 2900 Crystal Dri e, Arlington, Vir inia 22202-
`//
`3513, Attention: Aretha Masterson
`
`yV_'arren Jemmott
`
`(Signature of Person
`(Typed or printed Name of Person Mailing Paper or Fee)
`As grounds therefore, it is alleged that:
`
`iling Paper or Fee)
`
`l:\Traub\Petition to cancel Watteraifs Nature'sBest (m_l932428).doc
`
`1
`
`
`
`
`:3
`
`Wetterau Incorporated, a Missouri Corporation (hereafter
`
`“Registrant”), is the registrant of Registration No. 1932428 issued November 7
`
`1995 for Nature’s Best for the following goods:
`
`JELLIES, PRESERVES, APPLE BUTTER, YOGURT. INSTANT DRY MILK, REGULAR AND
`
`MICROWAVE POPCORN, CANNED TOMATO SAUCES, APPLE SAUCE, PACKAGED
`
`DINNERS, NAMELY CHICKEN AND RJCE, CHICKEN WITH BROCCOLI AND CHEESE,
`
`PROCESSED AND NATURAL CHEESE, FROZEN POTATOES, FROZEN VEGETABLES,
`
`FROZEN ONION RINGS, MARASCHINO CHERRIES, SNACK DIPS, BREADED CHICKEN
`
`NUGGET PATTIES, BREADED FISH FILLETS, LUNCHEON MEATS, NAMELY BOLGNA,
`
`SALAMI, PICKLE LOAF, OLIVE LOAF, PICKLE AND PIMENTO LOAF, HAM, TURKEY
`BREAST, TURKEY, TURKEY HAM, TURKEY BOL-GNA, TURKEY PASTRAMI, TURKEY
`
`SALAMI, SLICED BEEF, SLICED CORN BEEF, SLICED PASTRAMI, SLICED TURKEY,
`
`SLICED HAM, SLICED CHICKEN, SLICED TURKEY HAM, FRANKFURTERS, BACON,
`
`HEN TURKEYS, TOM TURKEYS, PEPPERONI, COOKED HAM, VIRGINIA HAM, HONEY
`
`CURED HAM, ROAST BEEF, CORNED BEEF, PASTRAMI TOP ROUND, CLUB SANDWICH,
`
`CHILI DOG, BARBEQUE SANDWICH, HAM AND CHEESE SANDWICH, AMERICAN
`
`CHEESE (LOAF AND SLICED), SHARP CHEESE, MILD CHEESE, JACK WAX CHEESE,
`
`LONGHORN CHEESE, SWISS CHEESE, MOZZARELLA CHEESE, CHEDDAR CHEESE,
`
`PORT WINE CHEESE, CHEDDAR CHEESE BALL AND CHEESE
`
`LOGS
`
`IN
`
`INTERNATIONAL CLASS 29.
`
`MARSHMELLOWS, MARSHMELLOW CREAM, AND COCONUT BAKING CHIPS IN
`
`INTERNATIONAL CLASS 30.
`
`POWDERS FOR MAKING FRUIT DRINKS (TO WHICH WATER OR MILK IS ADDED),
`
`BOTTLED WATER, CANNED AND BOTILED SOFT DRINKS IN INTERNATIONAL CLASS
`
`32.
`
`2.
`
`Upon
`
`information
`
`and
`
`belief, Registrant
`
`has
`
`completely
`
`discontinued all use of the mark NATURE’S BEST in its business without an
`
`intent to resume such use.
`
`I:\Traub\PcIition to cancel Wattcrau's Namre'sBesl (m_I932428).doc
`
`2
`
`
`
`
`
`3.
`
`Petitioner‘ has caused an :investigation to be made of the use by
`
`Registrant of the trademark NATURE’S BEST for the goods recited in the
`
`registration. The investigation indicated that no ‘evidence could be found of any
`
`use by Registrant of NATURE’S BEST for such goods.
`
`4.
`
`Accordingly, upon information and
`
`belief, Registrant
`
`has
`
`abandoned its NATURE’S BEST trademark in the United States,
`
`including
`
`Registration No. 1932428.
`
`5..
`
`Upon information and belief, Registrant before abandoning use of
`
`the NATURE’S BEST trademark did not assign the registration for which
`
`cancellation is now sought by Petitioner.
`
`6.
`
`Petitioner has filled an intent—to—use application to register the
`
`mark NATURE’S BEST in the U.S. Patent & Trademark Office (Application
`
`Serial Number 78/074098 on July 16, 2001 covering the following goods:
`
`ANIMAL FOODS FOR DOGS, CATS AND OTHER DOMESTICATED HOUSEHOLD PETS lN
`
`INTERNATIONAL CLASS 31.
`
`Petitioner has a l_3_g_r;a_1 fig; intent to use the NATURE’S BEST trademark in
`
`connection with such goods to be sold in interstate commerce.
`
`7.
`
`Registrant’s registration of the NATURE’S BEST mark has been
`
`cited by the USPTO as a bar to registration of Petitioner’s mark: NATURE’S BEST.
`
`8.
`
`If Registrant is permitted to retain the registration herein sought to
`
`be cancelled, and thereby retain the prima facie exclusive right to the words NATURE’S
`
`BEST, Registrant’s registration will likely pose an obstacle to registration of Petitioner’s
`
`application and will cloud Petitioner’s title in and to the NATURE’S BEST mark and
`
`l:\Traub\Petition to cancel Watterau's Nature'sBes! (m__l 932428).doc
`
`3
`
`
`
`
`
`Petitioner’s right to enjoy the free and exclusive use thereof in connection with the sale of
`
`it’s goods, all to the great injury of Petitioner.
`
`9.
`
`Petitionervbelieves that by reason of its intent~to~use application as
`
`aforesaid, Petitioner has established prior rights to exclusive use of the mark NATURE’S
`
`BEST because Registrant has abandoned its use of NATURES BEST to identify goods
`
`in international classes 29, 30 and 32.
`
`WHEREFORE, Petitioner, by its attorneys, respectfully requests
`
`that Certificate of Registration No. l932428 be cancelled.
`
`Dated:
`
`New York, New York
`August 16, 2002
`
`Respectfully submitted
`Colgate—Palmolive Company
`Attorney for Petitioner
`
`R
`
`By’;.
`
`/2
`
`Felicia G. yiaub
`
`300 Park Avenue
`
`New York, New York 10022
`
`(212) 310-3272
`
`I:\Trauub\Petition to cancel Warterau‘s Nature‘sBest (m__l932428).doc
`
`4
`
`
`
`
`
`2%
`
`fit
`
`IN THE UNITED STATES‘ PATENT & TRADEMARK OFFICE
`
`BEFORE ‘THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the Matter of Trademark Registration No. 1932428
`Date Registered: November 7, 1995
`
`X
`
`:
`
`X
`
`COLGATE-PALMOLIVE COMPANY,
`Petitioner,
`
`v.
`
`WETTERAU INCORPORATED,
`Registrant.
`
`Assistant Commissioner for Trademarks
`
`United States Patent & Trademark Office
`Box TTAB FEB
`‘.2900 Crystal Drive
`Arlington, VA 22202-3513
`
`Dear Sir:
`
`
`U.S, Patent 11 TMOfc/TM Mail Rom. D1. #57
`
`llllllllllllllllllllllllllllllllllllllllllllllllll
`O8~1 5-2002
`
`PETITION FOR
`CANCELLATION
`
`Cancellation No.
`
`~ 1
`‘J
`
`
`
`DE}..Off‘?W115:>3.--."*
`
`81:“
`r:
`G’)
`4;.)
`
`‘:3
`
`E
`99
`5-S‘
`
`Enclosed is the original and a copy of Colgate—Palmolive Company’s Petition for
`
`Cancellation of Registration 1932428 of the trademark NATURE’S BEST in
`
`International Classes 29, 30, and 32.
`
`06/83/2002 EPINRI
`
`00000087 032460
`
`19321528
`
`01 1'-'C:376
`
`900.00 CH
`
`
`
`
`
`Please debit $900 from Colgate—Palmolive Company’s Deposit Account No.
`
`032460 to cover the fee for this petition.
`
`Kindly acknowledge receipt of the enclosed by having your mailroom date stamp
`
`the enclosed postage-paid postcard and deposit it with the U.S. Postal Service.
`
`Dated:
`
`August 16, 2002
`New York, New York
`
`Respectfully submitted,
`Colgate-Palmolive Company
`Attorney for Petitioner
`
` e icia G. Trauh
`
`300 Park Avenue
`
`New York, New York 10022
`(21.2) 310-3272
`
`Enclosures
`
`CERTIFICATE OF MAILING BY "EXPRESS MAIL"
`
`"EXPRESS MAIL" Mailing Label Number: EL6869l0268US
`
`Date of Deposit: August 16. 2002
`
`I hereby certify that this paper or fee is being deposited with the United States Postal Service ‘EXPRESS
`MAIL POST OFFICE TO ADDRESSEE‘ Service under 37 CPR 1.10 on the date indicated above and is
`addressed to the Assistant Commissioner for Trademarks, 2900 Crystal Drive, Arlington,
`' ginia 22202-
`3513, Attention: Aretha Masterson
`
`"I
` 1N_arren Jemmott
`
`(Typed or printed Name of Person Mailing Paper or Fee)
`(Signatu
`‘Person M ilin Paper or Fee)
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