Concurrent use information. (1) Applicant is using the MR. ROOF mark in commerce to identify and distinguish its commercial and residential services, including residential and commercial exterior repair and construction services, namely roofing services, window and siding installation services, and application of conventional stucco throughout the states of Ohio, Michigan, Kentucky, Tennessee, Indiana, North Carolina, and South Carolina. Applicant's use of the MR. ROOF mark includes use in the advertisement and rendering of commercial and residential roofing services. To the Applicant's knowledge, no other person or entity, except the use which is potentially being made by Ron Case Roofing & Asphalt Paving, L.L.C. as specified within this application (and correspondingly within this verified statement), has the right to use the MR. ROOF mark in commerce. Applicant seeks a concurrent use registration of the MR. ROOF mark in conjunction with identifying and distinguishing its services including its commercial and residential roofing services (registration as a service mark) for all of the United States except for the area of actual use being made by Ron Case Roofing & Asphalt Paving, L.L.C. Applicant believes it may be the prior user of the MR. ROOF mark, but even if Applicant is not the prior user of the MR. ROOF mark the Applicant believes that Ron Case Roofing & Asphalt Paving, L.L.C.'s failure to expand over a long period of time has caused Ron Case Roofing to abandon its right as a prior user to expand into all of the United States except for Applicant's area of actual use and natural expansion. If the board disagrees with Applicant, Applicant alternatively seeks registration of the MR. ROOF mark for its area of actual use as well as its area of natural expansion, which Applicant believes is inclusive of at least the following states and territories: Ohio, Michigan, Indiana, Kentucky, Tennessee, North Carolina, Minnesota, Iowa, Missouri, Arkansas, Louisiana, Wisconsin, Illinois, Mississippi, Indiana, Alabama, West Virginia, Virginia, the District of Columbia, South Carolina, Georgia, Florida, Maryland, Delaware, Pennsylvania, New Jersey, New York, Connecticut, Rhode Island, Massachusetts, Vermont, New Hampshire, and Maine. (2) Concurrent User: Applicant believes the following federal trademark registration may indicate an exception to Applicant's exclusive right to use the MR. ROOF mark and therefore asks that this application be treated as an application for concurrent registration of the MR. ROOF mark: U.S. Reg. No. 3,924,619 ("the '619 Registration") for the MR. ROOF mark Registered on March 01, 2011 in International Class 037 as associated with the following services: "all types of roof construction and repair for commercial roofs and residential roofs" Alleges a First Use and First Use in Commerce date of Jan. 1969 Owner: Ron Case Roofing & Asphalt Paving, L.L.C. Composed of: Ronnie W.A. Case, U.S. Citizen; Shain A. Case, U.S. Citizen. Having an address at 440 S. Redwood Rd. Salt Lake City, Utah 84104 Entity type: Partnership (3) The Applicant believes that if Ron Case Roofing & Asphalt Paving, L.L.C. is actually making use of the MR. ROOF mark, that use is limited to use within the state of Utah. The '619 Registration asserts use as early as Jan. 1969, however, Applicant does not know if such use of the MR. ROOF mark has actually been made by Ron Case Roofing & Asphalt Paving, L.L.C.

The applicant respectfully requests that its claim for concurrent use be deleted from the present application now that it is the owner of U.S. Reg. No. 3,924,619 for the MR. ROOF mark