| Description of Mark | The mark consists of the stylized wording "The Gutter Kings" with each word on a separate line. The design of a crown appears next to "The" and sits atop the letters "tte" in "Gutter." The designs of two leaves with stems appear in the lower right portion of the mark. The color blue appears in "The," in "Kings," in the larger leaf design, and in the crown, except for the circular designs therein. The color black appears in "Gutter" and in the smaller leaf design. The gray in the drawing, including the gray in the circles in the crown, merely represents transparent or background areas and is not part of the mark. |
| Concurrent Use Statement | Applicant attests that it was using its mark for each and every service claimed in the Application prior to the filing dates of Registration Nos. 5389738 and 5646381. Applicant's use prior to these registrations' application dates was in at least the following states, and potentially others to be determined in a subsequent Board proceeding: Alabama, Connecticut, Delaware, Florida, Georgia, Illinois, Indiana, Massachusetts, Maryland, Missouri, North Carolina, New Jersey, New York, Ohio, Pennsylvania, South Carolina, Tennessee, and Virginia. Applicant's current scope of geographic use also includes at least the following states and others to be determined in a subsequent Board proceeding: Michigan, Kansas, Colorado, and Kentucky. Upon investigation, reasonable in scope, to the best of Applicant's knowledge and belief, the current record owner of the cited registrations is Veteran Gutters, LLC, a Texas limited liability company with a headquarters at 510 South Hanger Drive Georgetown Texas 78628. Upon investigation, reasonable in scope, Applicant believes the registrant's use of the cited mark is limited to the state of Texas and the Austin metropolitan area, and the use was and is in connection with services substantially similar to Applicant's. The registrant's claimed first use date of the mark underlying the cited registrations predates Applicant's first use date, but Applicant has not yet verified the accuracy of this date through discovery. Applicant is uncertain whether the cited registrant's use qualifies as interstate use in commerce but nevertheless hereby modifies its verified statement in the Application to indicate that no other person except, potentially, the cited registrant, the extent to which may be determined in a concurrent use proceeding before the Board, has the right to use the mark. Applicant respectfully submits that the foregoing statement complies with the requirements set forth in TMEP 1207.04(d)(i) and 37 C.F.R. 2.42. |
