As the attached Certificate of Registration of Service mark indicates, as verified by the April 24, 2004 letter from the Counsel who registered that State mark, the date of first use by this applicant in commerce predates the registration date of Registration No.3070870. Additionally, Applicant's operation is of retail candy stores in fixed locations, in International Class 35, with additional sales made by mail order from catalogs, and by internet. The Registrant of 3070870 for Toy Dispensers for Candy in International Class 28, and chewing gum, bubble gum and candy in International Class 30, all of which are sold in gum ball machines usually located in the foyer of various types of public buildings. Applicant's geographic range of sales, including in-store, catalog and internet encompasses the entire United States.