| Concurrent Use Statement | Concurrent use information. Statement per 15 U.S.C. Sec. 1051(a)(3)(D) and 37 C.F.R. Sec. 2.42 (i) Exceptions to the claim of Exclusive Use: geographic locations other than the State of Arkansas USA (ii) (I) Concurrent Use by others: Wilco Holdings LLC, 300 Office Park Drive, Suite 206, Mountain Brook AL 35223; use withing Alabama and neighboring states; restaurants have been opened in Alabama and elsewhere, and advertisements of the businesses have been made. The modes of use include advertisements and several restaurants emboldened with the trademark, and menus and tangential items common to restaurants showing the mark. Wilco Holdings LLC, filed application Serial Number 87/152303 on August 26, 2016 for TACO MAMA A TACO BAR, which occasioned applicants filing of Opposition Proceeding, No. 91241292 in the TTAB, which case has been suspended; Wilco then amended their TM application to a concurrent use case, and settlement of the dispute between Wilco and applicant was reached January 23, 2023 in a contract of settlement. (ii)(II) Goods: the goods are restaurant services, and the area of concurrent use is the United States of America;The modes of use include advertisements and prominent display of the mark on their restaurant and menus and in advertisements , and tangential items common to restaurants showing the mark, and prominent use is displayed within their website at tacomama.net . (ii)(III) Period of Use Applicant E.P. Marez and Co. Inc., d/b/a TACO MAMA, 1209 Malvern Ave., Hot Springs, AR 71901. has been using the mark for restaurant services and related normal activities associated with restaurants within the State of Arkansas since Feb. 2, 2009 and Wilco Holdings, on information and belief, has been using a similar mark for restaurant services since around or about 2012. (ii)(IV) Goods and Area for which Concurrent Use Registration is Desired: the goods are restaurant services, and applicant seeks concurrent use registration for the state of Arkansas only. The modes of use include advertisements displaying the mark, prominent display of the mark on applicant's restaurant, display of the mark upon applicant's catering vehicle and accessories, and display of the mark upon menus and tangential items common to restaurants showing the mark. _______________________________ Request per TMEP Sec. 1207.04(d)(i) and 804.02 Please modify the verified statements as to ...no other person has the right to use the mark... and insert the following: ...except Wilco Holdings LLC, as specified in this application. |
