Concurrent use information. Applicant asserts the right to Concurrent Use. The trademark relevant to concurrent use is EARLY BIRD SPECIAL, registration # 4747857. This registration is owned by Aardwolf Brewing Company, LLC at 1461 Hendricks Ave., Jacksonville, FL 32207. Aardwolf Brewing Company currently uses the mark in question in the Jacksonville, FL area. The mark is registered for use on Beer and is registered for classes: IC 32/US 45, 46, and 48. Registrant first used the mark in commerce on March 20, 2014; however, they did not file for registration until October 15, 2014. Applicant, Earlybird Brewing Company, first used their mark, EARLYBIRD BREWING COMPANY, in commerce on or around May 1, 2014. This date of first use is prior to Registrant's earliest filing date; thus, Applicant has jurisdiction for Concurrent Use under 15 U.S.C. 1052(d)(1). Applicant currently uses the mark in Ohio and seeks registration for a limited geographic scope that accounts for natural expansion, particularly the Midwest and Northeast United States. Applicant seeks no right to use their mark in Registrant's current geographic scope of use.
Applicant claims the exclusive right to use the mark in the area comprising the states of Ohio, Michigan, Indiana, Kentucky, West Virginia, Pennsylvania, Wisconscin, Illinois, Minnesota, New York, Vermont, New Hampshire, Maine, Massachusetts, Rhode Island, Connecticut, New Jersey, and Delaware.
"BREWING" OR "COMPANY"
Trademark: 86814998
