Subject to Concurrent Use Proceeding with Registration No. 3547499. Applicant recognizes that use of the requested mark or similar mark is not exclusive. The goods and/or services listed herein are hamburger sandwiches and restaurant services. The geographic area for which registration is sought is the State of Michigan; specifically, a 100 mile radius from the city limits of East Lansing, Michigan. The applicant's date of first use in commerce is before the filing date of the pending applications or of any registrations issued under the Trademark Act of 1946. Applicant is aware of the following exception to its claim of exclusive use, specifically: US Registration No. 3547499, Crunchburger, hamburger sandwich, owned by BBP, LLC of Nevada, c/o Ferber Chan Essner & Coller, LLP 530 Fifth Ave, New York, New York 10036. No one else, except as specified in this application, has the right to use the mark.