Applicant requests a concurrent use registration based on rights acquired by its use of the mark in a physical location in the state of North Carolina and online nationwide, prior to and concurrent with the use by the owner of an application for an identical mark, whose use began subsequent to that of the Applicant and in physical locations different from those of Applicant. For all of the services listed in the application, Applicant seeks registration of the mark in the following geographical areas: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Minnesota, Mississippi, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, and Wyoming. Applicant notes that Bottle Theory IP Holdings LLC, having at the address of 542 Spring Road, Elmhurst, Illinois United States 60126, has filed an application (SN 97335137) for the mark BOTTLE THEORY in connection with the following: Restaurant services; Taproom services; Taproom services featuring craft beer; Restaurant services, namely, providing of food and beverages for consumption on and off the premises in Class 43, claiming a first use date of August 1, 2022 and first use in Commerce on November 14, 2022. The territories of Bottle Theory IP Holdings LLC's use includes a physical location in the states of Illinois, with customers emanating from Indiana, Wisconsin, Michigan, Ohio, Missouri, and Iowa. The parties have initiated a legal proceeding before the Trademark Trial and Appeal Board (proceeding 97335137) under which Bottle Theory IP Holdings LLC has consented to Applicant's application for concurrent use, with the coverage stated herein.
Trademark: 98438718
