This is a concurrent use application, under Section 2(d) of the Lanham Act. The applicant, Block & Company, Inc., is using the mark in connection with "printed reports on commercial real estate," in International Class 016. The geographic area for which the applicant seeks registration of the mark consists of the Metropolitan Statistical Areas of Kansas City, MO-KS, and Wichita, KS, and all surrounding areas within a 75 mile radius of the boundaries of each MSA. The mode of use consists of display of the mark on reports distributed by applicant on commercial real estate properties in the Kansas City, Missouri, metropolitan area. The exception to applicant's use is use of the phrase THE STATE OF REAL ESTATE by Colliers Turley Martin Tucker Company, 34 North Meramec Avenue, Suite 500, St. Louis, Missouri 63105. Said Colliers Turley Martin Company has applied to register THE STATE OF REAL ESTATE in the Patent and Trademark Office as Application Serial No. 78/398,765, for "educational services, namely, seminars, classes and workshops in the field of real estate," claiming a date of first use and first use in commerce of January 30, 1983. To the extent of applicant's knowledge, such use has been elsewhere in the United States on advertising materials, and any such use prior to applicant's use of its mark in the geographic area for which applicant seeks registration has been abandoned.
Trademark: 78678317
