(1) the applicant's goods and/or services- see ID in this application; (2) the geographic area in which the applicant is using the mark in commerce- Georgia, Florida, Alabama, South Carolina, North Carolina, Tennessee, Virginia, West Virginia, Mississippi, Louisiana, Texas, Maryland, Pennsylvania, Delaware, Ohio, Indiana, Michigan, Rhode Island, New Jersey, New York, Connecticut, Massachusetts, New Hampshire, Vermont, Maine, and Washington, D.C.; (3) the mode of use for which the applicant seeks registration- use in commerce in connection with the provision and advertisement of services listed in the application; (4) the concurrent user's name and address- Fox Associates, L.L.C., 527 North Grand, St. Louis, Missouri 63103; (5) the concurrent user's goods and/or services- entertainment services, namely, the presentation of live music concerts, musicals, plays, and theatre presentation of speakers and movies; (6) the registrations issued to or applications filed by the concurrent users (if any), to the extent known by the applicant- Application Serial No. 97518228 for the mark FABULOUS FOX; Application Serial No. 97518225 for the mark THE FABULOUS FOX; and Application Serial No. 97518218 for the mark THE FABULOUS FOX THEATRE; (7) the geographic areas in which the concurrent user is using the mark in commerce- Missouri, Illinois, Kentucky, Arkansas, Oklahoma, Kansas, Nebraska, Iowa, Wisconsin, Minnesota, North Dakota, South Dakota, Montana, Wyoming, Colorado, New Mexico, Arizona, Utah, Idaho, Washington, Oregon, Nevada, California, Hawaii, and Alaska; (8) the mode of use by the concurrent user- use in commerce in connection with the provision and advertisement of services listed in the concurrent user's aforementioned applications; and (9) the time periods of such use by the concurrent users, to the extent known by the applicant.- use in commerce since September 1, 1982, according to the claimed first use date by the concurrent user in its aforementioned pending applications.
Trademark: 98299582
