United States Patent and Trademark Office OG Notices: 02 October 2007

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

8-29            EX              75352844                Total Energy Corp.
                EX              75352845


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

2(d)            Refusal                                 "TOTAL ENERGY"
                Affirmed                                (and design)
                in both                                 and
                cases as to                             "TOTAL ENERGY"
                all classes                             [both marks for:
                                                        in Class 35:
                                                        distributorships
                                                        featuring natural
                                                        gas liquids and
                                                        natural gas,
                                                        heating oil, coal,
                                                        propane and
                                                        electricity to
                                                        commercial,
                                                        residential and
                                                        governmental
                                                        end-users and
                                                        distributors to
                                                        end users;
                                                        in Class 36:
                                                        brokerage of
                                                        energy;
                                                        in Class 39:
                                                        distribution of
                                                        natural gas liquids
                                                        and natural gas,
                                                        heating oils, coal,
                                                        propane and
                                                        electricity to
                                                        commercial,
                                                        residential and
                                                        governmental
                                                        end-users and
                                                        distributors to
                                                        end-users]


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

"TOTAL"                                         No
[oil and gas
well drilling; land
vehicle service station
services; car washing;
transportation of
petroleum and
petroleum-derived
products through
pipelines; oil and gas
production; oil and gas
exploration; retail
motor fuel supply
services; restaurant,
cafeteria, and fast food
restaurant services;
retail store services in
the field of petroleum,
petroleum-derived
products, and related
merchandise]


(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