`
`V Serial No.:
`
`Total Energy Corp.
`
`75/352,844
`
`Trademark:
`
`TOTAL ENERGY and Design
`
`Examining Atty.:
`
`Angela Micheli, Law Office 108
`
`A Atty. File No.:
`
`73 7475
`
`NOTICE OF APPEAL AND REQUEST TO SUSPEND
`
`‘ Commissioner for Trademarks
`Trademark Trial and Appeal Board
`PO Box 1451
`' Alexandria, VA 22313-1451
`
`Dear Sir:
`
`Applicant hereby appeals to the Trademark Trial and Appeal Board from the decision of
`1 the Examining Attorney, dated July 28, 2004, finally refusing registration ofthe above-identified
`mark. A check in the amount of $100 is enclosed as the required fee.
`
`Suspension ofthe appeal is requested because there is a separate application filed by
`Applicant — No. 75/185,049 for TOTAL ENERGY and Design
`
`in refusing registration to the captioned
`mark. The opposition, No. 91114033, is currently pending.
`
`The disposition ofthe Opposition No. 91114033 will, in all likelihood, control the
`.
`2/07/2005 1161830115 00000080 75352804
`100.00 OP
`
`1 FC:6403
`
`IlllllllllllHllllllllllllllllllllllllllllllllllll
`
`01 -26-2005
`US. Patents: TMO1c/TM Mail Rep: 0:, #72
`
`
`
`
`
`:95-
`
`lultimate disposition of the captioned mark. Therefore, in the interest of avoiding potentially
`
`unnecessary expenditures by Applicant for the preparation of an appeal brief, suspension is
`
`requested pending the disposition of Opposition No. 91114033.
`
`Respectfully submi
`2
`
`d,
`
`By:
`Ned W. B anthover
`
`Stephen J. Quigley
`
`Abelman, Frayne& Schwab
`150 East 42"“ St.
`
`New York, NY 10017-5612
`Tel.:(212) 949-9022
`Fax: (212) 949-9190
`Attorneys for Applicant
`
`
`
`Dated: January 21, 2005
`
`CERTIFICATE OF MAILING
`
`I hereby certify that this correspondence is being
`deposited with the United States Postal Service
`as first class mail in an envelope addressed to:
`
`Commissioner for Trademarks
`United States Patent and Trademark Office
`Trademark Trial and Appeal Board
`
`Date: January 21, 2005
`
`ephen J. Ouigle

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