1. Applicant's mark is based on use in commerce under Section 1(a) of the Trademark Act; 2. Applicant has met the jurisdictional requirements in that Applicant's usage date in January, 2014 and use in commerce in June, 2014 precedes the filing date of the excepted user's trademark application on October 3, 2014; 3. Applicant seeks concurrent use rights in connection with the following services: Physical fitness instruction; Physical fitness training services; 4. Applicant seeks a registration for all of the United States except Louisiana (the excepted user's territory); 5. The excepted user's information is as follows: Sabrina N. Guidry, 4836 Revere Avenue, Suite C4836, Baton Rouge, Louisiana 70808; 6. To applicant's knowledge and belief, the excepted user's area of use has been limited to Louisiana and specifically Baton Rouge, Louisiana; 7. The services on or in connection with the excepted user's use is: Fitness boot camps; Personal fitness training services and consultancy; Physical fitness training of individuals and groups; Providing assistance, personal training and physical fitness consultation to individuals to help them make physical fitness, strength, conditioning, and exercise improvement in their daily living; 8. The excepted user's trademark application is now pending under Serial No. 86/414,362 filed on October 3, 2014; 9. the excepted user's application claims first use since October, 2009; 10. the instant application contains all elements required by the rules of practice in trademark cases for a non-restricted application.