Applicant is aware of prior pending Application Serial No. 78228542 for the mark HOT DOG HEAVEN THE ORIGINAL THE BEST SINCE 1976, which application was filed on March 14, 2003. Applicant alleges first use of its mark herein sought to be registered at least as early as June 1987, which first use pre-dates the filing date of the prior cited application by almost 16 years. Applicant's primarily geographic area of interest is the state of Florida, where Applicant presently operates two (2) restaurants under the mark. On information and belief, the primary geographic area of interest of the prior applicant is Ohio, where the prior applicant apparently operates two (2) restaurants under its mark, as shown by the attached copy of a page from the prior Applicant's website (see attached evidence). Applicant requests that this Application be issued as a concurrent use registration, granting exclusive rights in the mark to Applicant for "restaurant services" in the geographic area of the state of Florida, United States of America.
"HOT DOG"
Trademark: 78436752
