ESTTA Tracking number: ESTTA1459777
`Filing date: 08/29/2025
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`Notice of Opposition
`Notice is hereby given that the following party opposes registration of the indicated application.
`Opposer information
`Name Dismuke Law, PLLC
`Granted to date
`of previous ex-
`tension
`08/31/2025
`Address 1920 SOUTH FLORIDA AVENUE
`LAKELAND, FL 33803
`UNITED STATES
`Attorney informa-
`tion
`ERICA ALLEN
`DIANGELO LAW
`1112 CHANNELSIDE DR SUITE 3
`TAMPA, FL 33602
`UNITED STATES
`Primary email: erica@diangelolaw.com
`Secondary email(s): jessica@diangelolaw.com, jared@diangelolaw.com
`8135512484
`Docket no.
`Applicant information
`Application no. 98668744 Publication date 03/04/2025
`Opposition filing
`date
`08/29/2025 Opposition period
`ends
`08/31/2025
`Applicant Shiner Law Group, P.A.
`7800 CONGRESS AVE., SUITE 108
`BOCA RATON, FL 33487
`United States
`Goods/services affected by opposition
`Class 045. First Use: None First Use In Commerce: None
`All goods and services in the class are opposed, namely: Attorney services; Legal services
`Grounds for opposition
`Priority and likelihood of confusion Trademark Act Section 2(d)
`False suggestion of a connection with persons,
`living or dead, institutions, beliefs, or national
`symbols
`Trademark Act Section 2(a)
`Marks cited by opposer as basis for opposition
`U.S. registration
`no.
`5170603 Application date 08/15/2016
`
`
`
`
`
`
`
`Register Principal
`Registration date 03/28/2017 Foreign priority
`date
`NONE
`Word mark 1-800-ASK DAVE
`Design mark
`Description of
`mark
`Goods/services Class 045. First use: First Use: Jun 14, 2004 First Use In Commerce: Jun 14,
`2004
`Legal services
`U.S. registration
`no.
`5170604 Application date 08/15/2016
`Register Principal
`Registration date 03/28/2017 Foreign priority
`date
`NONE
`Word mark ASK DAVE
`Design mark
`Description of
`mark
`Goods/services Class 045. First use: First Use: Jun 14, 2004 First Use In Commerce: Jun 14,
`2004
`Legal services
`U.S. application/ registration
`no.
`NONE Application date NONE
`Register NONE
`Registration date NONE
`Mark DAVE
`Goods/services Legal Services
`Attachments 87138721#TMSN.png( bytes )
`87138731#TMSN.png( bytes )
`Dave Delivered 98668744 Notice of Opposition.pdf(361897 bytes )
`Dave Delivered 98668744 Notice of Opposition - Exhibit A.pdf(85785 bytes )
`Signature /Erica Allen/
`Name Erica Allen
`Date 08/29/2025
`
`
`
`
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`In the Matter of Trademark Application Serial No. 98/668,744
`Mark: DAVE DELIVERED
`Filing Date: August 29, 2025
`
`
` )
` Dismuke Law, PLLC )
` )
` Opposer, )
` ) Opposition No.
` v. )
` )
` Shiner Law Group, P.A. )
` )
` Applicant. )
` )
` )
`
`NOTICE OF OPPOSITION
`Opposer Dismuke Law, PLLC (“Opposer”), a Florida professional limited liability company with
`a place of business at 1920 South Florida Avenue, Lakeland, Florida, 33803, beli eves it will be
`damaged by the registration of the mark DA VE DELIVERED shown in Appl ication Serial No.
`98668744, and hereby opposes the same.
`As grounds for opposition, Opposer, by and through its undersigned counsel, alleges that:
`FACTUAL ALLEGATIONS
`1. Opposer is a professional limited liability company in the business of provi ding legal
`services, with a particular focus on the provision of legal services in t he field of personal injury
`law in the Central Florida (“Opposer’s Services”).
`2. Opposer and its predecessors in interest have used the marks ASK DAVE and 1-800-
`ASK DA VE in the provision of Opposer’s Services continuously since at least June 2004.
`
`
`
`
`
`
`
`3. Opposer is the owner of U.S. Trademark Registration No. 5170604 for the mark ASK
`DA VE covering “legal services” in International Class 45 (the “ASK DA VE Mark”).
`4. Opposer is the owner of U.S. Trademark Registration No. 5170603 for the mark 1-
`800-ASK DA VE covering “legal services” in International Class 45 (the “ 1-800-ASK DA VE
`Mark”).
`5. The registrations for the ASK DA VE Mark and the 1-800-ASK DA VE Mark
`(collectively, the “Opposer’s Marks”) are valid and subsisting. They are also incontestable under
`15 U.S.C. § 1065. Attached as Exhibit A is a printout of the USPTO TSDR record showing the
`current status and title of the Opposer’s Marks.
`6. Opposer is the owner of valid and subsisting Florida State Trademark Registration No.
`T24000001051 for the mark ASK DA VE covering “legal services,” filed on September 9, 2024,
`and claiming a date of first use in Florida as June 14, 2004, and a da te of first use anywhere of
`June 14, 2004.
`7. Opposer is the owner of valid and subsisting Florida State Trademark Registration No.
`T24000001167 for the mark 1.800.ASK.DA VE for “legal services,” filed on October 9, 2024, and
`claiming a date of first use in Florida as June 14, 2004, and a date of first use anywhere of June
`14, 2004.
`8. In addition to its registered marks, Opposer has established common la w rights in the
`use of “DA VE” by itself as a source identifier for Opposer’s per sonal injury legal services in
`Central Florida. Through longstanding use and extensive advertising, consumers in Fl orida
`associate “DA VE” alone with Opposer’s provision of personal injury legal services.
`9. Opposer’s Marks are inherently distinctive.
`
`
`
`
`
`
`
`10. Opposer has prominently and extensively used Opposer’s Marks and has sold and
`continues to sell substantial quantities of legal services in the United States, particularly in Florida.
`Opposer has also spent substantial time, effort and money advertising and pro moting the sale of
`its legal services under Opposer’s Marks, and Opposer and its lega l services have received and
`continue to receive substantial unsolicited media attention.
`11. By virtue of Opposer's long and continuous use, sales, advertising, and promotion of
`Opposer’s Marks in the United States, and particularly Florida; the publicity and media attention
`accorded the mark; and the inherently distinctive nature of Opposer’s Marks, O pposer’s Marks
`have become well-known amongst potential consumers of personal injury law services in Central
`Florida.
`12. Despite Opposer's long prior common law and statutory rights in Opposer’s Marks,
`Shiner Law Group, P.A. (“ Applicant”), with at least constructive notice of Opposer's federal
`registrations, filed an application to register the mark DA VE DE LIVERED on an intent-to-use
`basis for “Attorney services; Legal services” in International Class 45, as set forth in the Notice of
`Publication.
`13. Applicant’s mark was published for opposition on March 4, 2025. Opposer filed for
`Extensions of Time to Oppose on March 7, 2025, and June 25, 2025, and was granted extensions
`of time to oppose until August 31, 2025.
`14. Opposer's Marks have priority over Applicant’s mark because the filing date of the
`Opposer's Marks is August 15, 2016, and Opposer's date of first use of the Opposer ’s Marks is at
`least as early as June 14, 2004, well prior to the July 26, 2024 filing date of Applicant's intent-to-
`use application for the Applicant’s mark.
`
`
`
`
`
`
`
`
`COUNT I – LIKELIHOOD OF CONFUSION
`Lanham Act, Section 2(d) (15 U.S.C. § 1052(d))
`15. Opposer repeats and realleges each and every allegation set forth in the above
`paragraphs.
`16. Applicant’s mark is highly similar to Opposer’s Marks in sound, appea rance, and
`commercial impression.
`17. Applicant’s mark and Opposer’s Marks share the dominant element D A VE.
`Consumers seeking personal injury legal services are more likely to focus on the DA VE portion of
`each mark because it is the only distinctive element that identi fies a specific source. By contrast,
`the accompanying words ASK and DELIVERED merely suggest an act ion, not a source. As a
`result, both marks create the immediate impression of a personal connection with an individual
`named Dave who provides personal injury legal services.
`18. Opposer’s Marks suggest asking Dave for help with personal injury l egal matters,
`while Applicant’s mark suggests that Dave delivers help with personal injury legal matters. Despite
`the difference in wording, both marks convey the same essential commercial message: Dave is the
`trusted attorney to turn to for help with personal injury legal matters.
`19. Opposer and Applicant both primarily provide and advertise personal injury legal
`services in the State of Florida. Consumers are therefore likely to encounter Opposer’s Marks and
`Applicant’s mark in the same geographic markets and through the same advertising channels,
`further heightening the likelihood of confusion between (i) the Florida-based DA VE personal
`injury law firm that they should ask for help; and (ii) the Florida-based DA VE personal injury law
`firm that delivers help.
`
`
`
`
`
`
`
`20. The services set forth in Applicant’s application are identical to t hose covered by
`Opposer’s marks, as each includes “legal services”. In the actual marketplace, both Applicant and
`Opposer specialize in the identical subfield of personal injury legal services in the State of Florida.
`21. As a result, Applicant’s mark, if used in conjunction with the se rvices set forth in its
`application, is likely to cause confusion, mistake, or deception within the meaning of 15 U.S.C. §
`1052(d).
`COUNT II – FALSE SUGGESTION OF CONNECTION WITH A PERSON
`Lanham Act, Section 2(a) (15 U.S.C. § 1052(a))
`22. Opposer repeats and realleges each and every allegation set forth in the above
`paragraphs.
`23. Applicant’s mark is the same as, or a close approximation of, Oppos er’s name and
`identity. Opposer’s Marks, Florida state registered trademarks, and co mmon-law rights all
`prominently feature the name DA VE, and consumers in Opposer’s market ide ntify DA VE as
`Opposer in connection with personal injury legal services.
`24. When used in connection with personal injury legal services in the geographic markets
`of Opposer, Applicant’s mark would be recognized as pointing uniquely and unmistaka bly to
`Opposer.
`25. In the legal services industry, firms are typically identified by surnames or initials, not
`by an informal diminutive first name. Opposer’s longstanding and highly visible use of DA VE as
`a source identifier, including through Opposer’s Marks and extensive adve rtising of DA VE, has
`conditioned consumers to associate DA VE alone with Opposer. Accordingly, co nsumers
`encountering Applicant’s mark are likely to assume it refers to the same DA VE identified in
`Opposer’s Marks and common law rights.
`
`
`
`
`
`
`
`26. Opposer is not connected with Applicant or any services performed or to-be-performed
`by Applicant under Applicant’s mark, and Opposer has not sponsored, endorsed, or authorized
`Applicant’s use of DA VE in connection with personal injury legal services.
`27. The fame or reputation of Opposer and Opposer’s Marks is such that, when Applicant’s
`mark is used in connection with personal injury legal services in Opposer’s geographic markets, a
`connection with Opposer would be presumed within the meaning of 15 U.S.C. § 1052(a).
`28. Accordingly, registration of Applicant’s mark should be refused under 1 5 U.S.C. §
`1052(a) on the ground that it falsely suggests a connection with Opposer.
`29. By reason of the foregoing, Opposer will be irreparably damaged by the registra tion
`of Applicant’s mark, and Applicant is not entitled to the registration of Applicant’s mark pursuant
`to the Trademark Act.
`WHEREFORE, Opposer respectfully requests its Opposition be sustained and Application Serial
`No. 98668744 be refused.
`The required fee of Six Hundred Dollars (US $600.00) is submitted herewith.
`
`Respectfully Submitted
`Dated: August 29, 2025 By: /s/Erica Allen
`
`Through its attorney,
` Erica Allen
` Attorney for Opposer
` DiAngelo Law
` 1112 Channelside Drive, Suite 3
` Tampa, Florida 33602
` 813-551-2484
` erica@diangelolaw.com
`
`
`
`
`
`
`
`EXHIBIT A
`
`
`
`
`
`
`
`Publication Date:Jan. 10, 2017
` 
`Mark Information
`Mark Literal
`Elements:
`ASK DAVE
`Standard Character
`Claim:
`Yes. The mark consists of standard characters without claim to any particular font style, size, or color.
`Mark Drawing
`Type:
`4 - STANDARD CHARACTER MARK
`Name Portrait
`Consent:
`The name shown in the mark identifies David C. Dismuke, whose consent to register is made of record.
`Goods and Services
`Note:
`The following symbols indicate that the registrant/owner has amended the goods/services:
`Brackets [..] indicate deleted goods/services;
`Double parenthesis ((..)) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and
`Asterisks *..* identify additional (new) wording in the goods/services.
`For: Legal services
`International
`Class(es):
`045 - Primary Class U.S Class(es): 100, 101
`Class Status: ACTIVE
`First Use: Jun. 14, 2004 Use in Commerce: Jun. 14, 2004
`Basis Information (Case Level)
`Filed Use: Yes Currently Use: Yes
`Filed ITU: No Currently ITU: No
`Filed 44D: No Currently 44D: No
`Filed 44E: No Currently 44E: No
`Filed 66A: No Currently 66A: No
`Filed No Basis: No Currently No Basis: No
`Current Owner(s) Information
`Generated on: This page was generated by TSDR on 2025-08-29 13:30:15 EDT
`Mark: ASK DAVE
`US Serial Number: 87138731 Application Filing
`Date:
`Aug. 15, 2016
`US Registration
`Number:
`5170604 Registration Date: Mar. 28, 2017
`Filed as TEAS
`Plus:
`Yes Currently TEAS
`Plus:
`Yes
`Register: Principal
`Mark Type: Service Mark
`TM5 Common Status
`Descriptor:
`LIVE/REGISTRATION/Issued and Active
`The trademark application has been registered with the Office.
`Status: A Sections 8 and 15 combined declaration has been accepted and acknowledged.
`Status Date: Oct. 24, 2022
`
`
`
`
`
`
`
`Owner Name: DISMUKE LAW, PLLC
`Owner Address: 1920 South Florida Avenue
`Lakeland, FLORIDA UNITED STATES 33803
`Legal Entity Type: LIMITED LIABILITY COMPANY State or Country
`Where Organized:
`FLORIDA
`Attorney/Correspondence Information
`Attorney of Record
`Attorney Name: Erica Allen
`Attorney Primary
`Email Address:
`erica@diangelolaw.com Attorney Email
`Authorized:
`Yes
`Correspondent
`Correspondent
`Name/Address:
`Erica Allen
`DiAngelo Law
`1112 Channelside Drive
`Ste 3
`Tampa, FLORIDA United States 33602
`Phone: 8135512484
`Correspondent e-
`mail:
`erica@diangelolaw.com
`jessica@diangelolaw.com
`Correspondent e-
`mail Authorized:
`Yes
`Domestic Representative - Not Found
`Prosecution History
`Date Description Proceeding
`Number
`Aug. 05, 2024 TEAS WITHDRAWAL OF ATTORNEY RECEIVED-FIRM RETAINS
`Aug. 05, 2024 TEAS CHANGE OF CORRESPONDENCE RECEIVED
`Aug. 05, 2024 ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED
`Aug. 05, 2024 TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED
`Oct. 24, 2022 NOTICE OF ACCEPTANCE OF SEC. 8 & 15 - E-MAILED
`Oct. 24, 2022 REGISTERED - SEC. 8 (6-YR) ACCEPTED & SEC. 15 ACK.
`Oct. 07, 2022 CASE ASSIGNED TO POST REGISTRATION PARALEGAL
`Apr. 08, 2022 TEAS SECTION 8 & 15 RECEIVED
`Mar. 28, 2022 COURTESY REMINDER - SEC. 8 (6-YR) E-MAILED
`Sep. 28, 2020 APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED
`Sep. 28, 2020 TEAS CHANGE OF CORRESPONDENCE RECEIVED
`Sep. 28, 2020 TEAS WITHDRAWAL OF ATTORNEY RECEIVED-FIRM RETAINS
`Sep. 28, 2020 ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED
`Sep. 28, 2020 TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED
`Sep. 28, 2020 TEAS CHANGE OF OWNER ADDRESS RECEIVED
`Jun. 01, 2018 APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED
`Jun. 01, 2018 TEAS CHANGE OF OWNER ADDRESS RECEIVED
`Mar. 28, 2017 REGISTERED-PRINCIPAL REGISTER
`Jan. 10, 2017 OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED
`Jan. 10, 2017 PUBLISHED FOR OPPOSITION
`Dec. 21, 2016 NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED
`Dec. 02, 2016 APPROVED FOR PUB - PRINCIPAL REGISTER
`Nov. 30, 2016 PRELIMINARY/VOLUNTARY AMENDMENT - ENTERED
`Nov. 30, 2016 TEAS VOLUNTARY AMENDMENT RECEIVED
`Nov. 28, 2016 ASSIGNED TO EXAMINER
`Aug. 18, 2016 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED
`Aug. 18, 2016 NEW APPLICATION ENTERED
`TM Staff and Location Information
`TM Staff Information - None
`
`
`
`
`
`
`
`File Location
`Current Location: TMO LAW OFFICE 120 Date in Location: Oct. 24, 2022
`Proceedings
`Summary
`Number of
`Proceedings:
`2
` Type of Proceeding: Cancellation
`Proceeding
`Number:
`92087064 Filing Date: Dec 17, 2024
`Status: Terminated Status Date: Mar 25, 2025
`Interlocutory
`Attorney:
`ASHLYN LEMBREE
`Defendant
`Name: Wattel & York, LLC
`Correspondent
`Address:
`WATTEL & YORK, LLC
`2175 N. ALMA SCHOOL RD., SUITE B107
`CHANDLER AZ UNITED STATES , 85224
`Correspondent e-
`mail:
`d.guzman@wattelandyork.com
`Associated marks
`Mark Application Status Serial Number Registration
`Number
`GOT A LEGAL QUESTION? CALL DAVE AND MIKE! 90671429 6646143
`Plaintiff(s)
`Name: Dismuke Law, PLLC
`Correspondent
`Address:
`DIANE CHUBB
`SIGMAN KHAN & CHUBB, PLLC
`75 STATE STREET, SUITE 100
`BOSTON MA UNITED STATES , 02109
`Correspondent e-
`mail:
`Diane@SKCLegal.com , Jennifer@skclegal.com , Joy@skclegal.com
`Associated marks
`Mark Application Status Serial Number Registration
`Number
`ASK DAVE 87138731 5170604
`1-800-ASK DAVE 87138721 5170603
`Prosecution History
`Entry Number History Text Date Due Date
`7 TERMINATED Mar 25, 2025
`6 COMMR ORDER CANCELLING REG Mar 25, 2025
`5 BD DECISION: CAN GRANTED Mar 24, 2025
`4 NOTICE OF DEFAULT Feb 07, 2025
`3 INSTITUTED Dec 18, 2024
`2 NOTICE AND TRIAL DATES SENT; ANSWER DUE: Dec 18, 2024 Jan 27, 2025
`1 FILED AND FEE Dec 17, 2024
`Type of Proceeding: Opposition
`Proceeding
`Number:
`91269315 Filing Date: May 12, 2021
`Status: Terminated Status Date: Apr 16, 2024
`Interlocutory
`Attorney:
`ELIZABETH WINTER
`Defendant
`Name: Wattel & York, LLC
`Correspondent FARLEY I. WEISS
`
`
`
`
`
`
`
`Address: WEISS & MOY, P.C.
`4455 E. CAMELBACK ROAD, SUITE E261
`PHOENIX AZ UNITED STATES , 85018
`Correspondent e-
`mail:
`fweiss@weissiplaw.com , mweiss@weissiplaw.com
`Associated marks
`Mark Application Status Serial Number Registration
`Number
`CALL DAVE AND MIKE 90100572
`Plaintiff(s)
`Name: Dismuke Law, PLLC
`Correspondent
`Address:
`DIANE M CHUBB
`SIGMAN, KHAN & CHUBB, PLLC
`75 STATE STREET, STE. 100
`BOSTON MA UNITED STATES , 02109
`Correspondent e-
`mail:
`diane@skclegal.com , joy@skclegal.com , jennifer@skclegal.com
`Associated marks
`Mark Application Status Serial Number Registration
`Number
`ASK DAVE 87138731 5170604
`1-800-ASK DAVE 87138721 5170603
`Prosecution History
`Entry Number History Text Date Due Date
`41 TERMINATED Apr 16, 2024
`40 BD DECISION: OPP DISMISSED W/ PREJ Apr 16, 2024
`39 W/DRAW OF APPLICATION Apr 15, 2024
`38 P CHANGE OF CORRESP ADDRESS Mar 11, 2024
`37 PROCEEDINGS RESUMED Feb 29, 2024
`36 D REPLY IN SUPPORT OF MOTION Nov 13, 2023
`35 D MOT FOR EXT W/ CONSENT Oct 25, 2023
`34 P OPP/RESP TO MOTION Oct 24, 2023
`33 SUSP PEND DISP OF OUTSTNDNG MOT Oct 17, 2023
`32 D MOT TO STRIKE TESTIMONY Oct 06, 2023
`31 P TESTIMONY Sep 29, 2023
`30 P REQ TO TAKE JUDICIAL NOTICE Sep 29, 2023
`29 P NOTICE OF RELIANCE Sep 29, 2023
`28 P CHANGE OF CORRESP ADDRESS Sep 27, 2023
`27 PROCEEDINGS RESUMED Aug 17, 2023
`26 RESPONSE DUE 30 DAYS (DUE DATE) Jun 16, 2023 Jul 16, 2023
`25 SUSPENDED Apr 10, 2023
`24 P REQ TO W/DRAW AS ATTORNEY Apr 07, 2023
`23 D NOTICE OF RELIANCE Mar 09, 2023
`22 D NOTICE OF RELIANCE Mar 09, 2023
`21 D NOTICE OF RELIANCE Mar 09, 2023
`20 D NOTICE OF RELIANCE Mar 08, 2023
`19 D NOTICE OF RELIANCE Mar 08, 2023
`18 D NOTICE OF RELIANCE Mar 08, 2023
`17 PROCEEDINGS RESUMED Jan 09, 2023
`16 SUSP PEND DISP OF OUTSTNDNG MOT Dec 01, 2022
`15 D MOT TO DISMISS: TM RULE 2.132(A) Nov 30, 2022
`14 SUSPENDED Jun 15, 2022
`13 D MOT TO SUSP W/ CONSENT PEND SETTL NEGOTIATIONS Jun 14, 2022
`12 SUSPENDED Mar 22, 2022
`11 D MOT TO SUSP W/ CONSENT PEND SETTL NEGOTIATIONS Mar 22, 2022
`10 EXTENSION OF TIME GRANTED Feb 17, 2022
`9 P MOT FOR EXT W/ CONSENT Feb 17, 2022
`
`
`
`
`
`
`
`8 P APPEARANCE / POWER OF ATTORNEY Feb 16, 2022
`7 EXTENSION OF TIME GRANTED Sep 14, 2021
`6 D MOT FOR EXT W/ CONSENT Sep 14, 2021
`5 ANSWER Jun 18, 2021
`4 D APPEARANCE / POWER OF ATTORNEY Jun 09, 2021
`3 INSTITUTED May 13, 2021
`2 NOTICE AND TRIAL DATES SENT; ANSWER DUE: May 13, 2021 Jun 22, 2021
`1 FILED AND FEE May 12, 2021
`
`
`
`
`
`
`
`Publication Date:Jan. 10, 2017
` 
`Mark Information
`Mark Literal
`Elements:
`1-800-ASK DAVE
`Standard Character
`Claim:
`Yes. The mark consists of standard characters without claim to any particular font style, size, or color.
`Mark Drawing
`Type:
`4 - STANDARD CHARACTER MARK
`Name Portrait
`Consent:
`The name shown in the mark identifies David C. Dismuke, whose consent to register is made of record.
`Goods and Services
`Note:
`The following symbols indicate that the registrant/owner has amended the goods/services:
`Brackets [..] indicate deleted goods/services;
`Double parenthesis ((..)) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and
`Asterisks *..* identify additional (new) wording in the goods/services.
`For: Legal services
`International
`Class(es):
`045 - Primary Class U.S Class(es): 100, 101
`Class Status: ACTIVE
`First Use: Jun. 14, 2004 Use in Commerce: Jun. 14, 2004
`Basis Information (Case Level)
`Filed Use: Yes Currently Use: Yes
`Filed ITU: No Currently ITU: No
`Filed 44D: No Currently 44D: No
`Filed 44E: No Currently 44E: No
`Filed 66A: No Currently 66A: No
`Filed No Basis: No Currently No Basis: No
`Current Owner(s) Information
`Generated on: This page was generated by TSDR on 2025-08-29 13:30:53 EDT
`Mark: 1-800-ASK DAVE
`US Serial Number: 87138721 Application Filing
`Date:
`Aug. 15, 2016
`US Registration
`Number:
`5170603 Registration Date: Mar. 28, 2017
`Filed as TEAS
`Plus:
`Yes Currently TEAS
`Plus:
`Yes
`Register: Principal
`Mark Type: Service Mark
`TM5 Common Status
`Descriptor:
`LIVE/REGISTRATION/Issued and Active
`The trademark application has been registered with the Office.
`Status: A Sections 8 and 15 combined declaration has been accepted and acknowledged.
`Status Date: Oct. 24, 2022
`
`
`
`
`
`
`
`Owner Name: DISMUKE LAW, PLLC
`Owner Address: 1920 South Florida Avenue
`Lakeland, FLORIDA UNITED STATES 33803
`Legal Entity Type: LIMITED LIABILITY COMPANY State or Country
`Where Organized:
`FLORIDA
`Attorney/Correspondence Information
`Attorney of Record
`Attorney Name: Erica Allen
`Attorney Primary
`Email Address:
`erica@diangelolaw.com Attorney Email
`Authorized:
`Yes
`Correspondent
`Correspondent
`Name/Address:
`Erica Allen
`DiAngelo Law
`1112 Channelside Drive
`Ste 3
`Tampa, FLORIDA United States 33602
`Phone: 8135512484
`Correspondent e-
`mail:
`erica@diangelolaw.com
`jessica@diangelolaw.com
`Correspondent e-
`mail Authorized:
`Yes
`Domestic Representative - Not Found
`Prosecution History
`Date Description Proceeding
`Number
`Aug. 05, 2024 TEAS WITHDRAWAL OF ATTORNEY RECEIVED-FIRM RETAINS
`Aug. 05, 2024 TEAS CHANGE OF CORRESPONDENCE RECEIVED
`Aug. 05, 2024 ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED
`Aug. 05, 2024 TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED
`Oct. 24, 2022 NOTICE OF ACCEPTANCE OF SEC. 8 & 15 - E-MAILED
`Oct. 24, 2022 REGISTERED - SEC. 8 (6-YR) ACCEPTED & SEC. 15 ACK.
`Oct. 07, 2022 CASE ASSIGNED TO POST REGISTRATION PARALEGAL
`Apr. 08, 2022 TEAS SECTION 8 & 15 RECEIVED
`Mar. 28, 2022 COURTESY REMINDER - SEC. 8 (6-YR) E-MAILED
`Sep. 28, 2020 APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED
`Sep. 28, 2020 TEAS CHANGE OF CORRESPONDENCE RECEIVED
`Sep. 28, 2020 TEAS WITHDRAWAL OF ATTORNEY RECEIVED-FIRM RETAINS
`Sep. 28, 2020 ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED
`Sep. 28, 2020 TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED
`Sep. 28, 2020 TEAS CHANGE OF OWNER ADDRESS RECEIVED
`Jun. 01, 2018 APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED
`Jun. 01, 2018 TEAS CHANGE OF OWNER ADDRESS RECEIVED
`Mar. 28, 2017 REGISTERED-PRINCIPAL REGISTER
`Jan. 10, 2017 OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED
`Jan. 10, 2017 PUBLISHED FOR OPPOSITION
`Dec. 21, 2016 NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED
`Dec. 02, 2016 APPROVED FOR PUB - PRINCIPAL REGISTER
`Nov. 30, 2016 PRELIMINARY/VOLUNTARY AMENDMENT - ENTERED
`Nov. 30, 2016 TEAS VOLUNTARY AMENDMENT RECEIVED
`Nov. 28, 2016 ASSIGNED TO EXAMINER
`Aug. 19, 2016 NOTICE OF PSEUDO MARK E-MAILED
`Aug. 18, 2016 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED
`Aug. 18, 2016 NEW APPLICATION ENTERED
`TM Staff and Location Information
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`TM Staff Information - None
`File Location
`Current Location: TMO LAW OFFICE 120 Date in Location: Oct. 24, 2022
`Proceedings
`Summary
`Number of
`Proceedings:
`2
` Type of Proceeding: Cancellation
`Proceeding
`Number:
`92087064 Filing Date: Dec 17, 2024
`Status: Terminated Status Date: Mar 25, 2025
`Interlocutory
`Attorney:
`ASHLYN LEMBREE
`Defendant
`Name: Wattel & York, LLC
`Correspondent
`Address:
`WATTEL & YORK, LLC
`2175 N. ALMA SCHOOL RD., SUITE B107
`CHANDLER AZ UNITED STATES , 85224
`Correspondent e-
`mail:
`d.guzman@wattelandyork.com
`Associated marks
`Mark Application Status Serial Number Registration
`Number
`GOT A LEGAL QUESTION? CALL DAVE AND MIKE! 90671429 6646143
`Plaintiff(s)
`Name: Dismuke Law, PLLC
`Correspondent
`Address:
`DIANE CHUBB
`SIGMAN KHAN & CHUBB, PLLC
`75 STATE STREET, SUITE 100
`BOSTON MA UNITED STATES , 02109
`Correspondent e-
`mail:
`Diane@SKCLegal.com , Jennifer@skclegal.com , Joy@skclegal.com
`Associated marks
`Mark Application Status Serial Number Registration
`Number
`ASK DAVE 87138731 5170604
`1-800-ASK DAVE 87138721 5170603
`Prosecution History
`Entry Number History Text Date Due Date
`7 TERMINATED Mar 25, 2025
`6 COMMR ORDER CANCELLING REG Mar 25, 2025
`5 BD DECISION: CAN GRANTED Mar 24, 2025
`4 NOTICE OF DEFAULT Feb 07, 2025
`3 INSTITUTED Dec 18, 2024
`2 NOTICE AND TRIAL DATES SENT; ANSWER DUE: Dec 18, 2024 Jan 27, 2025
`1 FILED AND FEE Dec 17, 2024
`Type of Proceeding: Opposition
`Proceeding
`Number:
`91269315 Filing Date: May 12, 2021
`Status: Terminated Status Date: Apr 16, 2024
`Interlocutory
`Attorney:
`ELIZABETH WINTER
`Defendant
`Name: Wattel & York, LLC
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`Correspondent
`Address:
`FARLEY I. WEISS
`WEISS & MOY, P.C.
`4455 E. CAMELBACK ROAD, SUITE E261
`PHOENIX AZ UNITED STATES , 85018
`Correspondent e-
`mail:
`fweiss@weissiplaw.com , mweiss@weissiplaw.com
`Associated marks
`Mark Application Status Serial Number Registration
`Number
`CALL DAVE AND MIKE 90100572
`Plaintiff(s)
`Name: Dismuke Law, PLLC
`Correspondent
`Address:
`DIANE M CHUBB
`SIGMAN, KHAN & CHUBB, PLLC
`75 STATE STREET, STE. 100
`BOSTON MA UNITED STATES , 02109
`Correspondent e-
`mail:
`diane@skclegal.com , joy@skclegal.com , jennifer@skclegal.com
`Associated marks
`Mark Application Status Serial Number Registration
`Number
`ASK DAVE 87138731 5170604
`1-800-ASK DAVE 87138721 5170603
`Prosecution History
`Entry Number History Text Date Due Date
`41 TERMINATED Apr 16, 2024
`40 BD DECISION: OPP DISMISSED W/ PREJ Apr 16, 2024
`39 W/DRAW OF APPLICATION Apr 15, 2024
`38 P CHANGE OF CORRESP ADDRESS Mar 11, 2024
`37 PROCEEDINGS RESUMED Feb 29, 2024
`36 D REPLY IN SUPPORT OF MOTION Nov 13, 2023
`35 D MOT FOR EXT W/ CONSENT Oct 25, 2023
`34 P OPP/RESP TO MOTION Oct 24, 2023
`33 SUSP PEND DISP OF OUTSTNDNG MOT Oct 17, 2023
`32 D MOT TO STRIKE TESTIMONY Oct 06, 2023
`31 P TESTIMONY Sep 29, 2023
`30 P REQ TO TAKE JUDICIAL NOTICE Sep 29, 2023
`29 P NOTICE OF RELIANCE Sep 29, 2023
`28 P CHANGE OF CORRESP ADDRESS Sep 27, 2023
`27 PROCEEDINGS RESUMED Aug 17, 2023
`26 RESPONSE DUE 30 DAYS (DUE DATE) Jun 16, 2023 Jul 16, 2023
`25 SUSPENDED Apr 10, 2023
`24 P REQ TO W/DRAW AS ATTORNEY Apr 07, 2023
`23 D NOTICE OF RELIANCE Mar 09, 2023
`22 D NOTICE OF RELIANCE Mar 09, 2023
`21 D NOTICE OF RELIANCE Mar 09, 2023
`20 D NOTICE OF RELIANCE Mar 08, 2023
`19 D NOTICE OF RELIANCE Mar 08, 2023
`18 D NOTICE OF RELIANCE Mar 08, 2023
`17 PROCEEDINGS RESUMED Jan 09, 2023
`16 SUSP PEND DISP OF OUTSTNDNG MOT Dec 01, 2022
`15 D MOT TO DISMISS: TM RULE 2.132(A) Nov 30, 2022
`14 SUSPENDED Jun 15, 2022
`13 D MOT TO SUSP W/ CONSENT PEND SETTL NEGOTIATIONS Jun 14, 2022
`12 SUSPENDED Mar 22, 2022
`11 D MOT TO SUSP W/ CONSENT PEND SETTL NEGOTIATIONS Mar 22, 2022
`10 EXTENSION OF TIME GRANTED Feb 17, 2022
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`9 P MOT FOR EXT W/ CONSENT Feb 17, 2022
`8 P APPEARANCE / POWER OF ATTORNEY Feb 16, 2022
`7 EXTENSION OF TIME GRANTED Sep 14, 2021
`6 D MOT FOR EXT W/ CONSENT Sep 14, 2021
`5 ANSWER Jun 18, 2021
`4 D APPEARANCE / POWER OF ATTORNEY Jun 09, 2021
`3 INSTITUTED May 13, 2021
`2 NOTICE AND TRIAL DATES SENT; ANSWER DUE: May 13, 2021 Jun 22, 2021
`1 FILED AND FEE May 12, 2021
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