Applicant's date of first use of the applied for mark in commerce is prior to the filing date and first use date of U.S. Registration Number 6728149. Applicant's mark is and has been used in connection with the distribution and sale of beer, beers and craft beers all in International Class 32 since at least as early as March 21, 2020. The geographic area(s) that Applicant has and continues to sell beer in, via actual and ongoing use of the applied for mark, include, without limitation the following Counties throughout Northern, Southern and Central California (Alameda, Alpine, Amador, Butte, Calaveras, Colusa, Contra Costa, Del Norte, El Dorado, Fresno, Glenn, Humboldt, Kern, Kings, Lake, Lassen, Los Angeles, Marin, Mariposa, Mendocino, Modoc, Monterey, Mono, Napa, Nevada, Orange, Placer, Plumas, Riverside, Sacramento, San Benito, San Bernardino, San Diego, San Francisco, San Joaquin, San Luis Obispo, San Mateo, Santa Barbara, Santa Clara, Santa Cruz, Shasta, Sierra, Siskiyou, Solano, Sonoma, Stanislaus, Sutter, Tehama, Trinity, Tulare, Tuolumne, Ventura, Yolo and Yuba) as well as the following counties in Northern Nevada (Washoe, Lyon, Churchill, Storey, Carson City and Douglas). The mode of use Applicant seeks to register the mark under is actual use under Section 1(a). The concurrent user, Registration Number 6728149, is Tarantula Hill Brewing Company, whose address is 1298 Prospect Street, #2A, La Jolla, California 92037. Applicant is informed and believes that Tarantula Hill Brewing Company also began actual Section 1(a) use of the mark in connection with beer in or around April 13, 2020 pursuant to its USPTO application, which is now registered, and that Tarantula Hill Brewing Company continues to use the mark to present at its physical taphouse located in Thousand Oaks, California and in limited other locations in San Diego, Orange, Los Angeles, Riverside, San Bernardino and Ventura counties (i.e., Southern California). Applicant is informed and believes such use was only occurring at Tarantula Hill's physical taphouse location in Thousand Oaks, California at the time Applicant initially applied for the mark, including concurrent use status, on May 17, 2022. No other person except as specified in this application has the right to use the mark in commerce.
Concurrent use information. Applicant seeks a concurrent use trademark registration for the following goods: beer, beers, and craft beers, all in International Class 32. Applicant has sold its beer goods with the mark sought herein as a source identifier throughout the United States. Applicant's modes of use of the mark sought herein include: (1) applying the mark to the packaging of the product, namely, by printing the mark to the relevant beer cans; (2) identifying its beer goods with the "Liquid Candy" mark on its website; and (3) additional modes of use. Applicant seeks registration for these modes of use. It is possible that Tarantula Hill Brewing Company, LLC is a concurrent user. Applicant is informed and believes that Tarantula Hill Brewing Company also sells beer goods. Tarantula Hill Brewing Company has a pending Trademark Application for the phrase "Liquid Candy" under the Serial Number 90653344. If that Application matures into a Registration, then Applicant and Tarantula Hill Brewing Company are concurrent users of the "Liquid Candy" trademark as used to identify beer goods. Tarantula Hill Brewing Company's address is 1298 Prospect Street, #2A, La Jolla, California, 92037. Applicant is informed and believes that Tarantula Hill Brewing Company sells "Liquid Candy"-branded beer in Ventura County, California only. Applicant is further informed and believes that Tarantula Hill Brewing Company began such use in or around April of 2020, and that such use continues to the present. Applicant is further informed and believes that Tarantula Hill Brewing Company's sole mode of use of the phrase "Liquid Candy" to identify beer goods is to sell a beer identified as such on menus at its taphouse, which is located in Thousand Oaks, California. To the best of Applicant's knowledge, Tarantula Hill Brewing Company has no other pending trademark application and no trademark registrations or common law trademark rights material to the concurrent use of the "Liquid Candy" mark for beer goods sought herein. Also, to the best of Applicant's knowledge, no other party, with the possible exception of Tarantula Hill Brewing Company, has any trademark rights over the term "Liquid Candy" when used to identify beer goods. No other person or entity except as specified in this Application has the right to use the mark in commerce.
Trademark: 97414999
