The mark consists of a stylized elephant in black with the wording "THE WHITE ELEPHANT" in red font and "SINCE 1946" in black font on the side of the elephant. The color white is background and is not claimed as a feature of the mark.
THE WHITE ELEPHANT SINCE NINETEEN FORTY SIX; THE WHITE ELEPHANT SINCE ONE THOUSAND NINE HUNDRED FORTY SIX; THE WHITE ELEPHANT SINCE ONE NINE FOUR SIX
Please see concurrent use information included in PDF attachment submitted under Evidence Section.
The color(s) red and black is/are claimed as a feature of the mark.
In addition to the statements set forth in the evidence section of Applicant's Response to Office Action filed February 29, 2024, Applicant states as follows: Applicant is entitled to a concurrent use registration because Applicant's "date of first use in commerce is before the filing date" of the Reg. No. 3,318,975. T.M.E.P. § 1207.04(c) (citing, e.g., 37 C.F.R. § 2.99(e)). Further, no other person except as specified in the application has the right to use the mark in commerce.
SINCE 1946