Application

PTO- 1478

Approved for use through 10/31/2024. OMB 0651-0009

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.

---

PTO- 1478

Approved for use through 10/31/2024. OMB 0651-0009

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.

Trademark/Service Mark Application, Principal Register

Serial Number: 97541079

Filing Date: 08/09/2022

To the Commissioner for Trademarks:

MARK: DRIVEWAY 5 (Standard Characters, see mark)
The literal element of the mark consists of DRIVEWAY 5. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Lithia Motors, Inc., a corporation of Oregon, having an address of
      150 North Barlett St.
      Medford, Oregon 97501
      United States
      XXXX

requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended, for the following:

International Class 035:  Automotive dealerships; Online dealership services featuring automobiles; motor vehicle acquisition services; providing vehicle appraisals; retail services featuring sale of automotive parts and vehicle tracking and security services; Online retail services offered by dealerships featuring automobiles; motor vehicle acquisition services; retail services featuring sale of automotive parts and vehicle security apparatus

In International Class 035, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 12/02/2016, and first used in commerce at least as early as 12/02/2016, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) Screenshot of the Applicant's website showing use of the mark in connection with online dealership services featuring automobiles.

Original PDF file:
SPE0-1361797175-202208041 74514381614_._DRIVEWAY_5_ Cl35_Specimen.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2
Webpage URL: None Provided
Webpage Date of Access: None Provided

International Class 036:  Loan services, namely, financing of loans for vehicles; Extended warranty services, namely, vehicle repair service contracts; providing extended warranties on automobiles; insurance, namely, automotive insurance in the nature of insurance services, namely, underwriting, issuance and administration of automotive insurance

In International Class 036, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 12/02/2016, and first used in commerce at least as early as 12/02/2016, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) Screenshot of the Applicant's website showing use of the mark in connection with financing of loans for vehicles.

Original PDF file:
SPE0-1361797175-202208041 74514381614_._DRIVEWAY_5_ Cl36_Specimen.pdf
Converted PDF file(s) (1 page)
Specimen File1
Webpage URL: None Provided
Webpage Date of Access: None Provided

International Class 037:  Motor vehicle repair services; motor vehicle paint sealing services; Automobile body repair and finishing for others; automobile painting; repair of automobiles, namely, automobile body repair

In International Class 037, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 12/02/2016, and first used in commerce at least as early as 12/02/2016, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) Screenshots of the Applicant's website showing use of the mark in connection with motor vehicle repair services.

Original PDF file:
SPE0-1361797175-202208041 74514381614_._DRIVEWAY_5_ Cl37_Cl39_Specimen.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPE0-1361797175-202208041 74514381614_._DRIVEWAY_5_ Cl37_Specimen_2.pdf
Converted PDF file(s) (1 page)
Specimen File1
Webpage URL: None Provided
Webpage Date of Access: None Provided

International Class 039:  Leasing of vehicles; Shipping, pickup, and delivery services for automobiles

In International Class 039, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 12/02/2016, and first used in commerce at least as early as 12/02/2016, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) Screenshot of the Applicant's website showing use of the mark in connection with leasing of vehicles.

Original PDF file:
SPE0-1-1361797175-2022080 4174514381614_._DRIVEWAY_ 5_Cl37_Cl39_Specimen.pdf
Converted PDF file(s) (1 page)
Specimen File1
Webpage URL: None Provided
Webpage Date of Access: None Provided


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 6044046.


The owner's/holder's proposed attorney information: Matthew W. Walch. Other appointed attorneys are Jennifer L. Barry and Julie L. Dalke. Matthew W. Walch of Latham & Watkins LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      650 Town Center Drive, Suite 2000
      Costa Mesa, California 92626
      United States
      714-540-1235(phone)
      714-755-8290(fax)
      ipdocket@lw.com
The docket/reference number is 066961-3.
Matthew W. Walch submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.

The applicant's current Correspondence Information:

Matthew W. Walch

PRIMARY EMAIL FOR CORRESPONDENCE: ipdocket@lw.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): ipdocket2@lw.com Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

A fee payment in the amount of $1400 has been submitted with the application, representing payment for 4 class(es).

Declaration

	Basis: If the applicant is filing the application based on use in commerce under 15 U.S.C. § 1051(a): The signatory believes that the applicant is the owner of the trademark/service mark sought to be registered; The mark is in use in commerce and was in use in commerce as of the filing date of the application on or in connection with the goods/services in the application; The specimen(s) shows the mark as used on or in connection with the goods/services in the application and was used on or in connection with the goods/services in the application as of the application filing date; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate. And/Or If the applicant is filing the application based on an intent to use the mark in commerce under 15 U.S.C. § 1051(b), § 1126(d), and/or § 1126(e): The signatory believes that the applicant is entitled to use the mark in commerce; The applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date on or in connection with the goods/services in the application; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate.
	To the best of the signatory's knowledge and belief, no other persons, except, if applicable, concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services of such other persons, to cause confusion or mistake, or to deceive.
	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 the application or submission or any registration resulting therefrom, 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.

Declaration Signature

Signature: /edward impert/   Date: 08/08/2022
Signatory's Name: Edward Impert
Signatory's Position: Assistant Secretary
Signatory's Phone Number: Not Provided
Signature method: Sent to third party for signature
Payment Sale Number: 97541079
Payment Accounting Date: 08/09/2022

Serial Number: 97541079
Internet Transmission Date: Tue Aug 09 13:51:25 ET 2022
TEAS Stamp: USPTO/BAS-XXX.XXX.X.XXX-2022080913512519
8180-97541079-8206ab3f47ae2d496edbbc757a
7e6ff91d056c68fd98761db1f658959a61fe95-C
C-51231780-20220805175421618438