`
`ESTTA Tracking number:
`
`ESTTA1043884
`
`Filing date:
`
`03/20/2020
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding
`
`92067046
`
`Party
`
`Correspondence
`Address
`
`Submission
`
`Filer's Name
`
`Filer's email
`
`Signature
`
`Date
`
`Defendant
`Nationwide Auto Lease LLC
`
`MITCHELL P NOVICK
`LAW OFFICES OF MITCHELL P NOVICK
`623 EAGLE ROCK AVENUE, SUITE 407
`WEST ORANGE, NJ 07052
`UNITED STATES
`mnovick@mitchellnovick.com, nhyman@mitchellnovick.com
`973-744-5150
`
`Opposition/Response to Motion
`
`Mitchell P. Novick, Esq.
`
`mnovick@mitchellnovick.com, trademarks@mitchellnovick.com
`
`/mitchell p. novick/
`
`03/20/2020
`
`Attachments
`
`1939sancmot2_rsp.pdf(40006 bytes )
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the Matter of Registration
`Registration No. 5,005,305
`Registered: July 19, 2016
`Mark: NATIONWIDE AUTO LEASE
`
`NATIONWIDE MUTUAL INSURANCE COMPANY,
`
`Petitioner,
`
`-vs-
`
`NATIONWIDE AUTO LEASE LLC,
`
`Registrant.
`
`Cancellation No. 92067046
`
`PRILIMINARY RESPONSE TO
`
`PETITIONER'S SECOND MOTION
`
`FOR JUDGMENT AS A SANCTION
`
`Registrant hereby preliminary responds to Petitioner's Second
`
`Motion For Sanctions, filed 03/20/2020 (today) (“Petitioner's Current
`
`Motion”).
`
`I, the undersigned, Registrant's attorney of record on this
`
`matter, am preparing this Response at 6:00 pm EDT on 03/20/2020. Less than
`
`one-half (1/2) hour ago, I received both (1) a notification of Petitioner's
`
`Current Motion by e-mail from the TTAB and (2) a copy of the Current Motion
`
`directly from Petitioner's attorney.
`
`Until I received a copy of Peititioner's Current Motion, I was
`
`unaware of the 03/05/2020 TTAB Order in this matter (“03/05 TTAB Order”).
`
`Even though I am Registrant's attorney of record on this matter, I
`
`never received a copy of the 03/05 TTAB Order, either from the TTAB or from
`
`1939sancmot2.rsp 032020
`
`- 1 -
`
`
`
`Petitioner's attorney. I have even checked my junk/spam e-mail folder, which
`
`contains nothing regarding this 03/05 TTAB Order.
`
`Prior to receiving Petitioner's Current Motion, I did receive from
`
`the TTAB notification of the 02/27/2020 TTAB Order, at which time I reviewed
`
`that Order.
`
`Meanwhile, Registrant, by this Preliminary Response, respectfully
`
`requests that Petitioner consents to ask the TTAB to begin anew the ten (10)
`
`day consultation period set forth in the 03/05 TTAB Order.
`
`Alternatively, Registrant respectfully requests that Petitioner's
`
`Current Motion be denied, and that the TTAB begin anew the ten (10) day
`
`consultation period set forth in the 03/05 TTAB Order.
`
`1939sancmot2.rsp 032020
`
`- 2 -
`
`
`
`Registrant may supplement this Preliminary Response, after
`
`Registrant and I have more time to investigate this matter.
`
`Thank you.
`
`Respectfully submitted,
`
`LAW OFFICES OF MITCHELL P. NOVICK
`
`By: /mitchell p. novick/
` MITCHELL P. NOVICK, ESQ.
` Reg. No. 30,305
`
` Counsel for Registrant
` NATIONWIDE AUTO LEASE LLC
` 623 Eagle Rock Avenue, Suite 407
` West Orange, NJ 07052
` Phone: 973/744-5150
` Fax: 973/744-2227
` Email: mnovick@mitchellnovick.com
`
`Dated: March 20, 2020
`
`MPN/s
`2068-1939
`
`1939sancmot2.rsp 032020
`
`- 3 -
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that a true and correct copy of the foregoing
`
`PRELIMINARY RESPONSE TO PETITIONER'S SECOND MOTION FOR JUDGMENT AS A SANCTION
`
`has been served upon the attorney of record for Petitioner by e-mail to the
`
`following address, on March 20, 2020:
`
`Martin Miller, Esq.
`PORTER, WRIGHT, MORRIS & ARTHUR LLP
`Counsel for Petitioner
`41 South High Street
`Suite 2900
`Columbus, OH 43215
`E-mail: mmiller@porterwright.com
`
` /mitchell p. novick/
` MITCHELL P. NOVICK
`
`Dated: March 20, 2020
`
`1939sancmot2.rsp 032020
`
`- 4 -
`
`
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