Concurrent use information. Applicant seeks concurrent use registration with the mark "ELLA BLUE", which mark is the subject of application Serial Number 78565855. Applicant has opposed this registration on the grounds of prior use, in that Applicant commenced use of the mark "ELLA BLEU" in September, 2003, in connection with retail stores featuring skin care products and other products, as well as the sale of branded skin care and related products, whereas the owner of "ELLA BLUE" claims to not have commenced use of "ELLA BLUE", in connection with similar goods and services, until January, 2005. This junior concurrent mark was adopted in the State of California in January, 2005, but has not been used elsewhere prior the filing date of this Application. Applicant is therefore the prior user, and as such seeks and is entitled to a concurrent registration granting exclusive rights to Applicant for all portions of the United States except for the State of California, which territory should be granted to the junior user of the mark "ELLA BLUE".
CONCURRENT USE SUMMARY Owner: Ella Bleu, Inc. Address: Building 500, Suite 109, 200 Quebec Street, Denver, CO 80230 Mark: "ELLA BLEU" Goods or services: "Liquid soaps; Lotions for skin, body and face; Make-up products for the face and body; Perfumed soap; Skin soap; Soaps for body care" in International Class 003 and "Retail shops featuring cosmetics, lotions, skin care products, jewelry, picture frames and decorative sundries for the home" in International Class 035. Other Reg. or Serial Nos.: Application Serial No. 78840400 Dates of use for Both Classes: First Use: 09/01/2003 Use In Commerce: 09/01/2003 Areas of use: Owner claims exclusive right to use the mark in the area comprising all states of the United States with the exception of the geographic region comprising the State of California. Method of Use: Owner employs its mark on or in connection with the recited goods and services. The method of use is on signage, advertising materials, and the internet. EXCEPTIONS TO EXCLUSIVE USE's Name: Julie Solis Address: Suite 140, 8259 Laguna, Elk Grove, VA 95758 Attorney Contact Information: John E. Russell, Allmark Trademark, 4041 Sugar Maple Dr., Suite A, Danville, VA 95406-4640 Mark: "ELLA BLUE" Goods or Services "Skincare products for sensitive skin, namely, moisturizers, facial cleansers, lotions, skin tonics, and facial masks," in International Class 003 and "Retail stores featuring skincare products" in International Class 035. Application Serial No.: 78565855 Dates of Use for Both Classes: First use: 01/00/2005 First use in commerce: 01/00/2005 Area of use: To the best of owner's knowledge, the owner of Application Serial No. 78565855 uses the mark in a geographic territory comprising the State of California. Method of Use and Periods of Use by Concurrent User: Owner is without knowledge of concurrent user's mode of use of the mark; Concurrent user's periods of use are from January 00, 2005 to the present.
The name(s), portrait(s), and/or signature(s) shown in the mark does not identify a particular living individual.
The English translation of the word "BLEU" in the mark is blue.
Trademark: 78840418
