| Concurrent Use Statement | Concurrent use information. Applicant attests that the geographic area in which applicant is using the mark in commerce is at a physical location in Carl Place, NY while consumers within 100 miles of the location are believed to know of the trademark and good will associated with the mark. Applicant's services provided are Class 041: Providing facilities and equipment for playing laser tag games; Entertainment in the nature of laser tag games. Applicant seeks registration by way of concurrent use and intends on filing a concurrent use proceeding against trademark registration no. 3365419. The concurrent user number 1 is Laser Light Entertainment, Inc. DBA Q-ZAR LASER TAG located at 2295 Willow Pass Road Concord CA 94520. The concurrent user number 2 is Q-ZAR Toledo located at 5836 Monroe Street Sylvania, OH 43560. Trademark reg. no. 3365419 has been issued to Laser Light Entertainment, Inc. DBA Q-ZAR LASER TAG. Concurrent user 1 (Laser Light Entertainment, Inc. DBA Q-ZAR LASER TAG) is using their trademark in Concord, CA. Concurrent user 2 (Q-ZAR Toledo) is using their trademark in Toledo, OH. Concurrent user 1(Laser Light Entertainment, Inc. DBA Q-ZAR LASER TAG) uses its mark in connection with 1. C 025. US 022 039. G & S: T-shirts; Sweat shirts; Baseball caps; Headgear, namely, hats and caps; 2. IC 028: Protective padding for playing laser tag games; Sports equipment, namely, laser tag vests; Laser-beam-emitting device for use in laser tag games; and 3. IC 041: Entertainment in the nature of laser tag games. Concurrent User 2 (Q-ZAR Toledo) uses its mark in connection with Class 041: Providing facilities and equipment for playing laser tag games; Entertainment in the nature of laser tag games. The concurrent users offer their goods and services by way of a physical location offering laser tag games. By way of continued use via chain of title, the concurrent users and applicant were users of the Q-ZAR trademark as licensees by way of a franchise agreement. It is believed that the franchisor filed for Chapter 11 bankruptcy in 1997. Upon the filing of Chapter 11, each independent franchisee became independent common law users of the Q-ZAR mark. Applicant and concurrent users have used the Q-ZAR mark continuously since. |
