PTO- 2302
Approved for use through 01/31/2025. OMB 0651-0055
U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Response To Office Action for Post-Registration Matters

The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER86834061
LAW OFFICE ASSIGNEDLAW OFFICE 113
REGISTRATION NUMBER5012058
RESPONSE TYPEResponse to Office Action for Combined Declaration of Use and Incontestability under Sections 8 & 15.
MARK SECTION
MARK mark
LITERAL ELEMENT DOWC
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
ARGUMENT(S)
We are in receipt of your Office Action letter dated July 6, 2022. There were two former pending court proceedings involving Dealer Owned Warranty Company, LLC and the mark DOWC. The first matter was filed on or about July 26, 2018 in the Southern District of Florida (Docket No. 18-CV-61724). This matter was dismissed with prejudice on or about April 1, 2020. A copy of the Order is enclosed for your reference. The second matter was filed on or about September 15, 2018 in the U.S. District Court for the District of New Jersey (Docket No. 2:18-CV-13883-CCC-MF). This matter was dismissed with prejudice on or about March 4, 2020. A copy of the Order is enclosed for your reference. Accordingly, there are no pending proceedings involving this trademark at the time we filed the Combined Affidavit or at this time as both matters have been resolved. Further, there have been no final decisions adverse to the owner's claim of ownership of the subject mark or to the owner's right to register the mark. Therefore, we respectfully request that the Section 15 portion of the Combined Affidavit be accepted by this Office.
EVIDENCE SECTION
        EVIDENCE FILE NAME(S)
       ORIGINAL PDF FILEevi_1487711150-2022081014 4459701906_._Supporting_d oc_-_Stip_of_Dismissal_-_ 3.4.20__1_.pdf
       CONVERTED PDF FILE(S)
       (2 pages) 		\\TICRS\EXPORT18\IMAGEOUT 18\868\340\86834061\xml5\ TRS0002.JPG
       \\TICRS\EXPORT18\IMAGEOUT 18\868\340\86834061\xml5\ TRS0003.JPG
       ORIGINAL PDF FILEevi_1487711150-2022081014 4459701906_._Supporting_d oc_-_Stip_of_Dismissal_-_ 4.1.20__1_.pdf
       CONVERTED PDF FILE(S)
       (2 pages) 		\\TICRS\EXPORT18\IMAGEOUT 18\868\340\86834061\xml5\ TRS0004.JPG
       \\TICRS\EXPORT18\IMAGEOUT 18\868\340\86834061\xml5\ TRS0005.JPG
DESCRIPTION OF EVIDENCE FILECopies of the two Orders dismissing each matter with prejudice.
CORRESPONDENCE INFORMATION (current)
NAMEDEALER OWNED WARRANTY COMPANY LLC
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCEmichael.lamotta@dowc.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES)edvie.castro@dowc.com
CORRESPONDENCE INFORMATION (proposed)
NAMEDEALER OWNED WARRANTY COMPANY LLC
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCEmichael.lamotta@dowc.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES)edvie.castro@dowc.com; sarah.renfer@dowc.com
DOCKET/REFERENCE NUMBER5012058
PAYMENT SECTION
TOTAL FEES DUE0
SIGNATURE SECTION
DECLARATION SIGNATURE /Michael LaMotta/
SIGNATORY'S NAME Michael LaMotta
SIGNATORY'S POSITION CEO
SIGNATORY'S PHONE NUMBER 9738866312
DATE SIGNED 08/10/2022
SIGNATURE METHOD Signed directly within the form
RESPONSE SIGNATURE/Michael LaMotta/
SIGNATORY'S NAME Michael LaMotta
SIGNATORY'S POSITION CEO
SIGNATORY'S PHONE NUMBER 9738866312
DATE SIGNED 08/10/2022
ROLE OF AUTHORIZED SIGNATORY Owner/Holder not represented by an attorney
SIGNATURE METHOD Signed directly within the form
FILING INFORMATION SECTION
SUBMIT DATE Wed Aug 10 15:33:38 ET 2022
TEAS STAMP USPTO/TRS-XXX.XX.XXX.XX-2
0220810153338710808-50120
58-800def7ec4c6070993b9ef
b8b8312abaf8b485f17ace8fc
38f7e6e6f63a13a47-N/A-N/A
-20220810144459701906


PTO- 2302
Approved for use through 01/31/2025. OMB 0651-0055
U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Response To Office Action for Post-Registration Matters

To the Commissioner for Trademarks:

Registration no. 5012058 DOWC(Standard Characters, see https://tmng-al.uspto.gov/resting2/api/img/86834061/large) has been amended as follows:
RESPONSE TYPE Response to Office Action for Combined Declaration of Use and Incontestability under Sections 8 & 15.

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

We are in receipt of your Office Action letter dated July 6, 2022. There were two former pending court proceedings involving Dealer Owned Warranty Company, LLC and the mark DOWC. The first matter was filed on or about July 26, 2018 in the Southern District of Florida (Docket No. 18-CV-61724). This matter was dismissed with prejudice on or about April 1, 2020. A copy of the Order is enclosed for your reference. The second matter was filed on or about September 15, 2018 in the U.S. District Court for the District of New Jersey (Docket No. 2:18-CV-13883-CCC-MF). This matter was dismissed with prejudice on or about March 4, 2020. A copy of the Order is enclosed for your reference. Accordingly, there are no pending proceedings involving this trademark at the time we filed the Combined Affidavit or at this time as both matters have been resolved. Further, there have been no final decisions adverse to the owner's claim of ownership of the subject mark or to the owner's right to register the mark. Therefore, we respectfully request that the Section 15 portion of the Combined Affidavit be accepted by this Office.

EVIDENCE
Evidence has been attached: Copies of the two Orders dismissing each matter with prejudice.
Original PDF file:
evi_1487711150-2022081014 4459701906_._Supporting_d oc_-_Stip_of_Dismissal_-_ 3.4.20__1_.pdf
Converted PDF file(s) ( 2 pages) Evidence-1Evidence-2
Original PDF file:
evi_1487711150-2022081014 4459701906_._Supporting_d oc_-_Stip_of_Dismissal_-_ 4.1.20__1_.pdf
Converted PDF file(s) ( 2 pages) Evidence-1Evidence-2

Correspondence Information (current):
      DEALER OWNED WARRANTY COMPANY LLC
      PRIMARY EMAIL FOR CORRESPONDENCE: michael.lamotta@dowc.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): edvie.castro@dowc.com

Correspondence Information (proposed):
      DEALER OWNED WARRANTY COMPANY LLC
      PRIMARY EMAIL FOR CORRESPONDENCE: michael.lamotta@dowc.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): edvie.castro@dowc.com; sarah.renfer@dowc.com

      The docket/reference number is 5012058.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

FEE(S)
Fee(s) in the amount of $0 is being submitted.

Declaration


To the best of the signatory's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the allegations and other factual contentions made above have evidentiary support.


The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of this submission and the registration, declares that all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.


SIGNATURE(S)

Signature: /Michael LaMotta/      Date: 08/10/2022
Signatory's Name: Michael LaMotta
Signatory's Position: CEO
Signatory's Phone Number: 9738866312
Signature method: Signed directly within the form

Signature: /Michael LaMotta/     Date: 08/10/2022
Signatory's Name: Michael LaMotta
Signatory's Position: CEO

Signatory's Phone Number: 9738866312 Signature method: Signed directly within the form

The signatory has confirmed that he/she is not represented by an authorized attorney, and that he/she is either: (1) the owner/holder; or (2) a person or persons with legal authority to bind the owner/holder; and if he/she had previously been represented by an attorney in this matter, either he/she revoked their power of attorney by filing a signed revocation with the USPTO or the USPTO has granted this attorney's withdrawal request.

Mailing Address:    DEALER OWNED WARRANTY COMPANY LLC
   
   14 Countryside Lane
   14 COUNTRYSIDE LANE
   RINGWOOD, New Jersey 07456
Mailing Address:    DEALER OWNED WARRANTY COMPANY LLC
   
   14 Countryside Lane
   14 COUNTRYSIDE LANE
   RINGWOOD, New Jersey 07456
        
PAYMENT:
PAYMENT DATE:
        
Serial Number: 86834061
Internet Transmission Date: Wed Aug 10 15:33:38 ET 2022
TEAS Stamp: USPTO/TRS-XXX.XX.XXX.XX-2022081015333871
0808-5012058-800def7ec4c6070993b9efb8b83
12abaf8b485f17ace8fc38f7e6e6f63a13a47-N/
A-N/A-20220810144459701906