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Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.govESTTA Tracking number:Filing date:ProceedingESTTA65846902/27/2015IN THE UNITED STATES PATENT AND TRADEMARK OFFICEBEFORE THE TRADEMARK TRIAL AND APPEAL BOARD91220334PartyDefendantOsborne, DougCorrespondenceAddressTHOMAS L. MOSESSOUTHEAST IP GROUP, LLC13B W WASHINGTON STGREENVILLE, SC plaw.comAnswer and CounterclaimFiler's NameThomas L. MosesFiler's [email protected]/Thomas L. im.pdf(109416 bytes )Exhibit A - 2100574.pdf(96114 bytes )Exhibit B - 2088654.pdf(92528 bytes )Exhibit C - 2092385.pdf(95706 bytes )Exhibit D - 2088473.pdf(178496 bytes )Exhibit E - 1959220.pdf(173915 bytes )Exhibit F - Search Results.pdf(671269 bytes )Registrations Subject to the filingRegistration No2100574RegistrantFORD MOTOR COMPANYOne American RoadDearborn, MI 48126UNITED STATESThe registration was obtained fraudulently.Grounds for filingRegistration date09/30/1997Goods/Services Subject to the filingClass 025. First Use: 1975/10/01 First Use In Commerce: 1975/10/01All goods and services in the class are requested, namely: clothing; namely, vests, coats, [ ties,]sweaters, [ slacks, ] shirts, caps, gloves, jackets, [ warm-up suits, joggingsuits, athletic shoes, ] golfgloves, [boxer shorts, scarves, ] hats, [ blazers, ]sweatshirts [ and bandannas ]Registration No2092385RegistrantFORD MOTOR COMPANYOneAmerican RoadDearborn, MI 48126UNITED STATESThe registration was obtained fraudulently.Grounds for filingRegistration date09/02/1997Goods/Services Subject to the filingClass 025. First Use: 1971/06/06 First Use In Commerce: 1971/06/06All goods and services in the class are requested, namely: clothing; namely, belts, caps, bandannas,

jackets, rain bonnets, moccasins, ties, shirts, shoes, wrist bands, scarves, head bands, warm-upsuits, vests, sweaters, jogging suits, shorts, coats, sweatshirts, shawls, sun visors, gloves, boxershorts and bootsRegistration No2088473RegistrantFORD MOTOR COMPANYOne American RoadDearborn, MI 48126UNITED STATESThe registration was obtained fraudulently.Grounds for filingRegistration date08/19/1997Goods/Services Subject to the filingClass 025. First Use: 1971/06/06 First Use In Commerce: 1971/06/06All goods and services in the class are requested, namely: clothing; namely, belts, caps, bandannas,jackets,[ rain bonnets, moccasins,] ties, shirts, [shoes, wrist bands, scarves, head bands, warm-upsuits, ]vests, sweaters, [jogging suits, shorts,] coats, sweatshirts, [shawls,] sun visors, gloves[, boxershorts and boots]Registration No1959220RegistrantFORD MOTOR COMPANYOne American RoadDearborn, MI 48126UNITED STATESThe registration was obtained fraudulently.Grounds for filingRegistration date02/27/1996Goods/Services Subject to the filingClass 025. First Use: 1994/10/07 First Use In Commerce: 1994/10/27All goods and services in the class are requested, namely: clothing, namely T-shirts, polo shirts,golfshirts, work shirts, dress shirts,sweaters, vests, jackets, rainwear, work coat, overalls, shorts, pants,scarves, sleep wear, neckties; headwear, namelycaps, hats, sun visors, headbands, footwear,namely athletic shoes, slippers, moccasinsRegistration No2088654RegistrantFORD MOTOR COMPANYOne American RoadDearborn, MI 48126UNITED STATESThe registration was obtained fraudulently.Grounds for filingRegistration date08/19/1997Goods/Services Subject to the filingClass 025. First Use: 1982/11/01 First Use In Commerce: 1982/11/01All goods and services in the class are requested, namely: belts, suspenders [, scarves, socks, raincoats, and aprons ]

IN THE UNITED STATES PATENT AND TRADEMARK OFFICEBEFORE THE TRADEMARK TRIAL AND APPEAL BOARDFord Motor Company))Opposer)))v.))Doug Osborne))Applicant))ANSWER ANDCOUNTERCLAIMOpposition No. 91220334Serial No. 86/222821In response to the above-referenced Opposition proceeding filed by Opposer,Applicant answers and counterclaims as follows:In response to the sequential paragraphs of the Opposition, Applicant states:1.Admitted.2.Applicant is without knowledge or information sufficient to form a belief as to thetruth of the allegations in paragraph 2 of the Opposition and therefore denies same.3.Applicant is without knowledge or information sufficient to form a belief as to thetruth of the allegations in paragraph 3 of the Opposition and therefore denies same.4.Applicant is without knowledge or information sufficient to form a belief as to thetruth of the allegations in paragraph 4 of the Opposition and therefore denies same.

5.Applicant is without knowledge or information sufficient to form a belief as to thetruth of the allegations in paragraph 5 of the Opposition and therefore denies same.6.Applicant is without knowledge or information sufficient to form a belief as to thetruth of the allegations in paragraph 6 of the Opposition and therefore denies same.7.Applicant is without knowledge or information sufficient to form a belief as to thetruth of the allegations in paragraph 7 of the Opposition and therefore denies same.8.Applicant is without knowledge or information sufficient to form a belief as to thetruth of the allegations in paragraph 8 of the Opposition and therefore denies same.9.Applicant is without knowledge or information sufficient to form a belief as to thetruth of the allegations in paragraph 9 of the Opposition and therefore denies same.10.Applicant is without knowledge or information sufficient to form a belief as to thetruth of the allegations in paragraph 10 of the Opposition and therefore denies same.11.Applicant is without knowledge or information sufficient to form a belief as to thetruth of the allegations in paragraph 11 of the Opposition and therefore denies same.12.Applicant is without knowledge or information sufficient to form a belief as to thetruth of the allegations in paragraph 12 of the Opposition and therefore denies same.

13.Applicant is without knowledge or information sufficient to form a belief as to thetruth of the allegations in paragraph 13 of the Opposition and therefore denies same.14.Applicant is without knowledge or information sufficient to form a belief as to thetruth of the allegations in paragraph 14 of the Opposition and therefore denies same.15.Applicant was aware that Opposer owned trademark registrations for cars andtrucks. Otherwise, Applicant denies allegations in paragraph 15 of the Opposition.16.Applicant is without knowledge or information sufficient to form a belief as to thetruth of the allegations in paragraph 16 of the Opposition and therefore denies same.17.Applicant admits that Opposer owns trademark registrations for goods in class 25.Otherwise, Applicant denies allegations in paragraph 17 of the Opposition.18.Denied.19.Denied.20.Denied.

21.Applicant admits that a registration for its FORDITUDE mark would provide aprima facie exclusive right to the use of FORDITUDE in connection with its products.Otherwise, Applicant denies allegations in paragraph 21 of the Opposition.AFFIRMATIVE DEFENSES1.The United States Patent and Trademark Office, in its examination of Applicant’sU.S. Trademark Application Serial No. 85/768262, found no likelihood of confusionbetween Applicant’s Mark and any of Opposer’s registered marks.3.Applicant’s Mark FORDITUDE and Opposer’s various marks incorporating theterm FORD clearly do not convey the same commercial impression, particularlyconsidering that the term FORDITUDE is a coined term that sounds similar to the word“fortitude”, and that term is not present anywhere in Opposer’s marks.4.Based on Applicant’s preliminary investigation of Opposer’s use of its marks, itappears that Opposer is not currently offering in connection with its Marks all of thegoods listed in U.S. Reg. Nos. 2100574; 2092385; 2088473; 1959220; and 2088654.Thus, it appears that Opposer has improperly obtained or renewed these Registrations andcommitted fraud on the U.S. Patent and Trademark Office by knowingly makingmaterial, false representations in connection with these trademark Applications, oralternatively, has abandoned its marks.

5.Contrary to Opposer’s assertion, Opposer does not have a legal monopoly ontrademarks that include the term FORD (or similar sounding terms) in connection withclothing and apparel in International Class 025. Other examples of registered trademarksthat include the term FORD and are used in connection with apparel include thefollowing non-exhaustive list:1)U.S. Reg. No. 4047949:GEREN FORD2)U.S. Reg. No. 3953471:BYFORD3)U.S. Reg. No. 3450857:TOM FORD4)U.S. Reg. No. 2890037:FORD MODELS SUPERMODEL OF THEWORLD5)U.S. Reg. No. 2893809:FORD MODELS6)U.S. Reg. No. 3693233:KELLY FORDCOUNTERCLAIM(CANCELLATION OF U.S. Reg. Nos . 2100574; 2088654; 2092385; 2088473 and1959220)1.Mr. Doug Osborne (“Applicant”) is an individual, and a resident and citizen of theState of South Carolina. Mr. Osborne is married, and his wife’s maiden name was Ford.Mr. Osborne plans to provide T-shirts bearing the mark FORDITUDE to family memberswho participate in his wife’s family reunions.

2.Upon information and belief, the Ford Motor Company (Opposer), is a Delawarecorporation having a principal place of business at One American Road, Dearborn,Michigan 48126.3.Applicant applied for Applicant’s Mark FORDITUDE on March 17, 2014, andsaid Application was assigned serial number 86/222,821.4.Applicant’s Application seeks the registration of Applicant’s Mark FORDITUDEin connection with the following goods in International Class 25:“Jackets; long sleeved shirts; shirts; sweatshirts; and T-shirts.”5.Upon information and belief, Opposer is the owner of the following United StatesTrademark Registrations: U.S. Reg. No. 2100574 for the Mark FORD, in connection with“clothing; namely, vests, coats, [ties,] sweaters, [slacks,] shirts, caps, gloves, jackets,[warm-up suits, jogging suits, athletic shoes,] golf gloves, [boxer shorts, scarves,] hats,[blazers,] sweatshirts [and bandannas]”; U.S. Reg. No. 2088654 for the stylized markFORD, in connection with “belts, suspenders [scarves, socks, raincoats, and aprons]”;U.S. Reg. No. 2092385 for the stylized mark FORD, in connection with “clothing;namely, belts, caps, bandannas, jackets, rain bonnets, moccasins, ties, shirts, shoes, wristbands, scarves, head bands, warm-up suits, vests, sweaters, jogging suits, shorts, coats,sweatshirts, shawls, sun visors, gloves, boxer shorts and boots.”; U.S. Reg. No. 2088473for the stylized mark FORD in connection with “clothing; namely, belts, caps, bandannas,jackets, [rain bonnets, moccasins,] ties, shirts, [shoes, wrist bands, scarves, head bands,

warm-up suits,] vests, sweaters, [jogging suits, shorts,] coats, sweatshirts, [shawls,] sunvisors, gloves [,boxer shorts and boots]”; and U.S. Reg. No 1959220 for the stylizedmark OFFICIALLY LICENSED PRODUCT FORD MOTOR COMPANY, inconnection with “clothing, namely T-shirts, polo shirts, golf shirts, work shirts, dressshirts, sweaters, vests, jackets, rainwear, work coat, overalls, shorts, pants, scarves, sleepwear, neckties; headwear, namely caps, hats, sun visors, headbands, footwear, namelyathletic shoes, slippers, moccasins.”6.According to USPTO Records, Opposer filed Declarations of Use for each of theabove-referenced registrations, and Applicant is providing herewith a copy of theStatements of Use as Exhibits A-E. Each Statement of Use bears the followingstatement: “The mark is in use in commerce on or in connection with all goods orservices listed in the application or Notice of Allowance or as subsequently modified forthis specific class.” Each Declaration of Use also states: “The undersigned, being herebywarned that willful false statements and the like so made are punishable by fine orimprisonment, or both, under 18 U.S.C. Section 1001, and that such willful falsestatements may jeopardize the validity of the form or any resulting registration,declares that he/she is properly authorized to execute this form on behalf of applicant;he/she believes the applicant to be the owner of the trademark/service mark sought to beregistered; and that all statements made of his/her own knowledge are true; and that allstatements made on information and belief are believed to be true.”

7.In particular, Exhibit A is a Combined Declaration of Use In Commerce &Application For Renewal of Registration of A Mark Under Sections 8 & 9 (“Section 8 &9) for Registration Number 2100574 for the Mark FORD stating that the Mark is in use incommerce with respect to “clothing; namely, vests, coats, sweaters, shirts, caps, gloves,jackets, golf gloves, hats, sweatshirts.” Exhibit B is a Section 8 & 9 Declaration of Useand Renewal for Registration Number 2088654 for the stylized mark FORD stating thatthe Mark is in use in commerce with respect to “belts and suspenders.” Exhibit C is aDeclaration of Use and Renewal Section 8 & 9 for Registration Number 2092385 for thestylized mark FORD stating that the Mark is in use in commerce with respect to“clothing; namely, belts, caps, bandannas, jackets, ties, shirts, vests, sweaters, coats,sweatshirts, sun visors, gloves.” Exhibit D is a Section 8 & 9 Declaration of Use andRenewal for Registration Number 2088473 for the stylized mark FORD stating that theMark is in use in commerce with respect to “clothing; namely, belts, caps, bandannas,jackets, ties, shirts, vests, sweaters, coats, sweatshirts, sun visors, gloves.” Exhibit E is aSection 8 & 9 Declaration of Use and Renewal for Registration Number 1959220 for thestylized mark OFFICIALLY LICENSED PRODUCT FORD MOTOR COMPANYstating that the Mark is no longer used in commerce with respect to “Slippers,Moccasins” but provides no indication that any other goods listed in the registration wereto be deleted. The Mark in Registration Number 1959220 was renewed to still cover“clothing, namely T-shirts, polo shirts, golf shirts, work shirts, dress shirts, sweaters,vests, jackets, rainwear, work coat, overalls, shorts, pants, scarves, sleep wear, neckties;headwear, namely caps, hats, sun visors, headbands, footwear, namely athletic shoes”from the application for registration.

8.On January 23, 2015, Opposer filed a Notice of Opposition proceeding before theUnited States Patent and Trademark Trial and Appeal Board, against Applicant’s MarkFORDITUDE.9.Upon information and belief, Opposer is not selling all of the goods listed in theabove-referenced registrations, nor was Opposer selling such goods when each of theabove-referenced trademark registrations were renewed, and as such, those registrationsare not valid. For example, after its preliminary investigation, Applicant could find nogolf gloves, ties or suspenders being sold or provided under any of Opposer’s citedMarks.10.Applicant has conducted a preliminary investigation into whether Opposer isselling all of the goods listed in the above-referenced registrations, and Applicant isproviding herewith as Exhibit F screenshots of Opposer’s merchandise website(www.merchandise.ford.com) showing Opposer is not currently selling certain goodslisted in the above-referenced registrations. For example, after preliminary investigation,Applicant could find no scarves, golf gloves, sun visors, bandanas, ties, or suspendersbeing sold or provided under any of Opposer’s cited Marks. It should be noted that theabove-referenced list of goods that are currently not being sold may not be an exhaustivelist of such goods, as Applicant may discover additional goods that are not being soldunder Opposer’s registrations during the discovery process associated with thisproceeding.

11.In particular to each Registration, Applicant could find no scarves for sale, asrequired by U.S. Reg. No. 1959220, golf gloves, as required by U.S. Reg. No. 2100574,no sun visors, as required by U.S. Reg. Nos. 2092385, 2088473, and 1959220, nobandanas, as required by U.S. Reg. Nos. 2092385 and 2088473, no ties, as required byU.S. Reg. Nos. 2092385, 2088473, and 1959220, and no suspenders, as required by U.S.Reg. No. 2088654. Additionally, Applicant has not found evidence that any goods havebeen sold in connection with U.S. Reg. No. 1959220 whatsoever, aside from the T-shirtspecimen provided with the Section 8 & 9 Declaration of Use and Renewal. This listingof goods is not intended to be exhaustive.RELIEF REQUESTEDApplicant requests that this opposition proceeding be dismissed and that itsapplication be registered forthwith. Further, Applicant requests that the Board, inaccordance with 15 U.S.C. §1064(3), cancel U.S. Reg. Nos. 2100574; 2092385;2088473; 1959220; and 2088654 on the grounds that Opposer has knowingly madematerial, false representations in connection with these trademark applications in order toobtain or maintain those registrations, which constitutes fraud on the United States Patentand Trademark Office. Alternatively, Applicant requests that the Board cancel Opposer’sabove-referenced marks on the grounds of abandonment.WHEREFORE, the application for registration should be passed to registration,and this opposition should be dismissed.

Respectfully submitted,February 27, 2015/s/Thomas L. MosesThomas L. MosesRegistration No. 39,781Southeast IP Group, LLC13-B West Washington St.Greenville, SC 29601(p) 864.509.1905(f) 864.509.1907Email: [email protected]

CERTIFICATE OF SERVICEIt is hereby certified that a copy of the foregoing ANSWER andCOUNTERCLAIM has been served via first class mail, postage prepaid, to Opposer’sattorney:Anna K. HeinlBrooks Kushman P.C.1000 Town Center, 22nd FloorSouthfield, MI 48075February 27, 2015/s/ Thomas L. MosesThomas L. MosesSoutheast IP Group, LLC13-B West Washington St.Greenville, SC 29601(p) 864.509.1905(f) 864.509.1907Email: [email protected]

EXHIBIT A

PTO Form 1963 (Rev 5/2006)OMB No. 0651-0055 (Exp 12/31/2011)Combined Declaration of Use In Commerce & Application ForRenewal of Registration of A Mark Under Sections 8 & 9The table below presents the data as entered.Input FieldEnteredREGISTRATION NUMBER2100574REGISTRATION DATE09/30/1997SERIAL NUMBER74459539MARK SECTIONMARKFORDOWNER SECTION (current)NAMEFORD MOTOR COMPANYSTREETThe American RoadCITYDearbornSTATEMichiganZIP/POSTAL CODE48121COUNTRYUnited StatesOWNER SECTION (proposed)NAMEFORD MOTOR COMPANYSTREETOne American RoadCITYDearbornSTATEMichiganZIP/POSTAL CODE48126COUNTRYUnited StatesATTORNEY SECTION (current)NAMEELIZABETH F. JANDAFIRM NAMEBROOKS & KUSHMAN, PCSTREET1000 TOWN CENTER, 22ND FL.

CITYSOUTHFIELDSTATEMichiganPOSTAL CODE48075COUNTRYUnited StatesATTORNEY DOCKET NUMBERFMCT-0102-TUATTORNEY SECTION (proposed)NAMEELIZABETH F. JANDAFIRM NAMEBrooks Kushman P.C.INTERNAL ADDRESS22nd FloorSTREET1000 Town CenterCITYSOUTHFIELDSTATEMichiganPOSTAL CODE48075COUNTRYUnited StatesPHONE248-358-4400FAX248-358-3351ATTORNEY DOCKET NUMBERFMCT 0102 TUSEOTHER APPOINTED ATTORNEYAnessa O. Kramer, Maria F. Angileri, Matthew R.Mowers, Hope V. Shovein and Molly A. Mack ofBrooks Kushman P.C.GOODS AND/OR SERVICES SECTIONINTERNATIONAL CLASS025GOODS OR SERVICES TO BEDELETEDties, slacks, warm-up suits, jogging suits, athleticshoes, boxer shorts, scarves, blazers and bandannasGOODS OR SERVICES IN USE INCOMMERCE OR FOR WHICHOWNER CLAIMS EXCUSABLENONUSEclothing; namely, vests, coats, sweaters, shirts, caps,gloves, jackets, golf gloves, hats, sweatshirtsSPECIMEN FILE 0002.JP GSPECIMEN DESCRIPTIONphotograph of gloves, sweatshirts and jackets bearingthe mark.PAYMENT SECTIONNUMBER OF CLASSES1

NUMBER OF CLASSES PAID1SUBTOTAL AMOUNT500TOTAL FEE PAID500SIGNATURE SECTIONSIGNATURE/msparsch/SIGNATORY'S NAMEMark S. SparschuSIGNATORY'S POSITIONChief Trademark CounselDATE SIGNED09/28/2007PAYMENT METHODDAFILING INFORMATIONSUBMIT DATEMon Oct 01 08:34:50 EDT 2007TEAS 517220070928154135811932

PTO Form 1963 (Rev 5/2006)OMB No. 0651-0055 (Exp 12/31/2011)Combined Declaration of Use In Commerce & Application For Renewal ofRegistration of A Mark Under Sections 8 & 9To the Commissioner for Trademarks:REGISTRATION NUMBER: 2100574REGISTRATION DATE: 09/30/1997MARK: FORDThe owner, FORD MOTOR COMPANY, having an address ofOne American RoadDearborn, Michigan 48126United Statesis filing a Combined Declaration of Use In Commerce & Application For Renewal of Registration of AMark Under Sections 8 & 9.For International Class 025, this filing does NOT cover the following goods or services for this specificclass listed in the registration, and these goods or services are to be permanently deleted from theregistration: ties, slacks, warm-up suits, jogging suits, athletic shoes, boxer shorts, scarves, blazers andbandannasThe mark is in use in commerce on or in connection with the following goods or services listed in theexisting registration for this specific class; or, the owner is making the listed excusable nonuse claim:clothing; namely, vests, coats, sweaters, shirts, caps, gloves, jackets, golf gloves, hats, sweatshirtsThe owner is submitting one specimen showing the mark as used in commerce on or in connection withany item in this class, consisting of a(n) photograph of gloves, sweatshirts and jackets bearing the mark.Specimen File1The registrant hereby appoints ELIZABETH F. JANDA and Anessa O. Kramer, Maria F. Angileri,Matthew R. Mowers, Hope V. Shovein and Molly A. Mack of Brooks Kushman P.C. of Brooks KushmanP.C.22nd Floor1000 Town CenterSOUTHFIELD, Michigan 48075United Statesto file this Combined Declaration of Use In Commerce & Application For Renewal of Registration of AMark Under Sections 8 & 9 on behalf of the registrant. The attorney docket/reference number is FMCT0102 TUSE.A fee payment in the amount of 500 will be submitted with the form, representing payment for 1class(es), plus any additional grace period fee, if necessary.Declaration

Section 8: Declaration of Use in CommerceUnless the owner has specifically claimed excusable non-use, the owner, or its related company, is usingthe mark in commerce on or in connection with the goods and/or services identified above, as evidencedby the attached specimen(s) showing the mark as used in commerce.Section 9: Application for RenewalThe registrant requests that the registration be renewed for the goods and/or services identified above.The undersigned being hereby warned that willful false statements and the like are punishable by fine orimprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements and the likemay jeopardize the validity of this document, declares that he/she is properly authorized to execute thisdocument on behalf of the Owner; and all statements made of his/her own knowledge are true and that allstatements made on information and belief are believed to be true.Signature: /msparsch/Date: 09/28/2007Signatory's Name: Mark S. SparschuSignatory's Position: Chief Trademark CounselMailing Address (current):BROOKS & KUSHMAN, PC1000 TOWN CENTER, 22ND FL.SOUTHFIELD, Michigan 48075Mailing Address (proposed):Brooks Kushman P.C.1000 Town CenterSOUTHFIELD, Michigan 48075Serial Number: 74459539Internet Transmission Date: Mon Oct 01 08:34:50 EDT 2007TEAS Stamp: 20070928154135811932

EXHIBIT B

PTO Form 1963 (Rev 5/2006)OMB No. 0651-0055 (Exp 12/31/2011)Combined Declaration of Use In Commerce & Application ForRenewal of Registration of A Mark Under Sections 8 & 9The table below presents the data as entered.Input FieldEnteredREGISTRATION NUMBER2088654REGISTRATION DATE08/19/1997SERIAL NUMBER75020547MARK SECTIONMARKFORD (stylized and/or with design)OWNER SECTION (current)NAMEFORD MOTOR COMPANYSTREETThe American RoadCITYDearbornSTATEMichiganZIP/POSTAL CODE48121COUNTRYUnited StatesOWNER SECTION (proposed)NAMEFORD MOTOR COMPANYSTREETOne American RoadCITYDearbornSTATEMichiganZIP/POSTAL CODE48126COUNTRYUnited StatesATTORNEY SECTION (current)NAMEELIZABETH F. JANDAFIRM NAMEBROOKS & KUSHMAN P.C.STREET1000 TOWN CENTER, 22ND FLOOR

CITYSOUTHFIELDSTATEMichiganPOSTAL CODE48075COUNTRYUnited StatesATTORNEY DOCKET NUMBERFMCT 0101 TUATTORNEY SECTION (proposed)NAMEELIZABETH F. JANDAFIRM NAMEBrooks Kushman P.C.INTERNAL ADDRESS22nd FloorSTREET1000 Town CenterCITYSOUTHFIELDSTATEMichiganPOSTAL CODE48075COUNTRYUnited StatesPHONE248-358-4400FAX248-358-3351ATTORNEY DOCKET NUMBERFMCT0101TUSMOTHER APPOINTED ATTORNEYAnessa O. Kramer, Maria F. Angileri, Matthew R.Mowers, Hope V. Shovein and Molly A. Mack ofBrooks Kushman P.C.GOODS AND/OR SERVICES SECTIONINTERNATIONAL CLASS025GOODS OR SERVICES TO BEDELETEDscarves, socks, raincoats, and apronsGOODS OR SERVICES IN USE INCOMMERCE OR FOR WHICHOWNER CLAIMS EXCUSABLENONUSEbelts, suspendersSPECIMEN FILE 0002.JP GSPECIMEN DESCRIPTIONphotograph of catalog offering belt bearing the mark.PAYMENT SECTIONNUMBER OF CLASSES1

NUMBER OF CLASSES PAID1SUBTOTAL AMOUNT500TOTAL FEE PAID500SIGNATURE SECTIONSIGNATURE/msparsch/SIGNATORY'S NAMEMark S. SparschuSIGNATORY'S POSITIONChief Trademark CounselDATE SIGNED08/20/2007PAYMENT METHODDAFILING INFORMATIONSUBMIT DATEMon Aug 20 14:55:24 EDT 2007TEAS 95-20070820142959790825

PTO Form 1963 (Rev 5/2006)OMB No. 0651-0055 (Exp 12/31/2011)Combined Declaration of Use In Commerce & Application For Renewal ofRegistration of A Mark Under Sections 8 & 9To the Commissioner for Trademarks:REGISTRATION NUMBER: 2088654REGISTRATION DATE: 08/19/1997MARK: FORD (stylized and/or with design)The owner, FORD MOTOR COMPANY, having an address ofOne American RoadDearborn, Michigan 48126United Statesis filing a Combined Declaration of Use In Commerce & Application For Renewal of Registration of AMark Under Sections 8 & 9.For International Class 025, this filing does NOT cover the following goods or services for this specificclass listed in the registration, and these goods or services are to be permanently deleted from theregistration: scarves, socks, raincoats, and apronsThe mark is in use in commerce on or in connection with the following goods or services listed in theexisting registration for this specific class; or, the owner is making the listed excusable nonuse claim:belts, suspendersThe owner is submitting one specimen showing the mark as used in commerce on or in connection withany item in this class, consisting of a(n) photograph of catalog offering belt bearing the mark.Specimen File1The registrant hereby appoints ELIZABETH F. JANDA and Anessa O. Kramer, Maria F. Angileri,Matthew R. Mowers, Hope V. Shovein and Molly A. Mack of Brooks Kushman P.C. of Brooks KushmanP.C.22nd Floor1000 Town CenterSOUTHFIELD, Michigan 48075United Statesto file this Combined Declaration of Use In Commerce & Application For Renewal of Registration of AMark Under Sections 8 & 9 on behalf of the registrant. The attorney docket/reference number isFMCT0101TUSM.A fee payment in the amount of 500 will be submitted with the form, representing payment for 1class(es), plus any additional grace period fee, if necessary.Declaration

Section 8: Declaration of Use in CommerceUnless the owner has specifically claimed excusable non-use, the owner, or its related company, is usingthe mark in commerce on or in connection with the goods and/or services identified above, as evidencedby the attached specimen(s) showing the mark as used in commerce.Section 9: Application for RenewalThe registrant requests that the registration be renewed for the goods and/or services identified above.The undersigned being hereby warned that willful false statements and the like are punishable by fine orimprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements and the likemay jeopardize the validity of this document, declares that he/she is properly authorized to execute thisdocument on behalf of the Owner; and all statements made of his/her own knowledge are true and that allstatements made on information and belief are believed to be true.Signature: /msparsch/Date: 08/20/2007Signatory's Name: Mark S. SparschuSignatory's Position: Chief Trademark CounselMailing Address (current):BROOKS & KUSHMAN P.C.1000 TOWN CENTER, 22ND FLOORSOUTHFIELD, Michigan 48075Mailing Address (proposed):Brooks Kushman P.C.1000 Town CenterSOUTHFIELD, Michigan 48075Serial Number: 75020547Internet Transmission Date: Mon Aug 20 14:55:24 EDT 2007TEAS Stamp: 070820142959790825

EXHIBIT C

PTO Form 1963 (Rev 5/2006)OMB No. 0651-0055 (Exp 12/31/2011)Combined Declaration of Use In Commerce & Application ForRenewal of Registration of A Mark Under Sections 8 & 9The table below presents the data as entered.Input FieldEnteredREGISTRATION NUMBER2092385REGISTRATION DATE09/02/1997SERIAL NUMBER74459675MARK SECTIONMARKFORD (stylized and/or with design)OWNER SECTION (current)NAMEFORD MOTOR COMPANYSTREETThe American RoadCITYDearbornSTATEMichiganZIP/POSTAL CODE48121COUNTRYUnited StatesOWNER SECTION (proposed)NAMEFORD MOTOR COMPANYSTREETOne American RoadCITYDearbornSTATEMichiganZIP/POSTAL CODE48126COUNTRYUnited StatesATTORNEY SECTION (current)NAMEELIZABETH F JANDAFIRM NAMEBROOKS & KUSHMAN P.C.STREET1000 TOWN CENTER, TWENTY-SECOND FLOOR

CITYSOUTHFIELDSTATEMichiganPOSTAL CODE48075COUNTRYUnited StatesATTORNEY SECTION (proposed)NAMEElizabeth F. JandaFIRM NAMEBrooks Kushman P.C.INTERNAL ADDRESS22nd FloorSTREET1000 Town CenterCITYSOUTHFIELDSTATEMichiganPOSTAL CODE48075COUNTRYUnited StatesPHONE248-358-4400FAX248-358-3351ATTORNEY DOCKET NUMBERFMCT0106TUSFOTHER APPOINTED ATTORNEYAnessa O. Kramer, Maria F. Angileri, Matthew R.Mowers, Hope V. Shovein and Molly A. Mack ofBrooks Kushman P.C.GOODS AND/OR SERV

Submission Answer and Counterclaim Filer's Name Thomas L. Moses Filer's e-mail [email protected] Signature /Thomas L. Moses/ Date 02/27/2015 Attachments AnswerandCounterclaim.pdf(109416 bytes ) Exhibit A - 2100574.pdf(96114 bytes ) Exhibit B - 2088654.pdf(92528 bytes ) Exhibit C - 2092385.pdf(95706 bytes ) Exhibit D - 2088473.pdf(178496 bytes )