Concurrent use information. Applicant is applying for registration of the mark for catering services. Applicant seeks registration based on its provision of catering services in Illinois, Indiana, Wisconsin and Michigan.

Applicant seeks concurrent use registration for its mark representing catering services in Illinois, Indiana, Michigan and Wisconsin. Applicant is entitled to concurrent use registration because its date of first use in commerce, December 1983, predates the filing date both of any pending applications or any applications that have matured into registrations under the Trademark Act of 1946. The mode of use of the mark is through Internet and print media advertising and sales, as well as through interpersonal communication and interaction with the mark at live events (both invitation-only and public). Applicant is aware of the planned use of the mark BLEU PLATE CATERING, for which an intent to use application was filed on February 19, 2005, and again on March 4, 2011. Applicant filed an opposition against the owner of that application, which resulted in the BLEU PLATE mark's refusal to register in 2012, and no further use of that mark. Applicant states that registrant Seminole Tribe of Florida, 6300 Stirling Rd., Hollywood, FL 33024 has a valid trademark registration for BLUE PLATE, Reg. No. 4295833 (registered February 26, 2013) and a live application for BLUE PLATE + design (Serial No. 85711441, filing date August 23, 2012), for use at a single restaurant location in Hollywood, Florida. The first use of the registered mark is listed as May 11, 2004, and the filing date was October 14, 2012. Each of these dates is later than Applicant's first use date of December 1983, during which time Applicant has made continuous use of its mark in connection with catering services in the stated region. Applicant filed Opposition No. 91208485 against the pending application for BLUE PLATE + design, which is currently under suspension by order of the TTAB. As of the date of this filing, Applicant, upon information and belief, states that no other use to its knowledge except for Registrant Seminole Tribe of Florida has the right to use the mark.

Subject to Concurrent Use Proceeding with U.S. Registration No. 4295833 and U.S. Application Serial No. 8571141. Applicant claims the exclusive right to use the mark in the area comprising Illinois, Indiana, Michigan and Wisconsin.