Applicant seeks registration of the ALTITUDE mark in connection with "General building contractor services; general building contractor services in the field of tenant improvements and repairs and improvements to real property; construction project management services; building remodeling, maintenance, and repair services; design-build construction services, namely, building construction services" for the entire United States, except for the State of Colorado. Wagner Jody M DBA Altitude Electric LLC (the "Excepted User"), with an address of 35130 Lower Aspen Lane, Pine, Colorado 80470, owns a trademark registration for the mark ALTITUDE ELECTRIC LLC & Design (Reg. No. 3770540) with the US Patent and Trademark Office ("PTO") and claims to have used the mark in commerce in connection with "Electrical contracting; Electrical contractor services" since Oct. 10, 2005. To the verifier's knowledge, the Excepted User uses its mark in the advertising of its services online via its website, in local magazine advertisements, and on its branded work vehicles in connection with the provision of its services in the Greater Denver Metro area in Colorado. The Excepted User filed its application with the PTO on July 29, 2009. Applicant has used its mark in commerce since at least as early as October 31, 2008, prior to the filing date of the Excepted User's application. Applicant's mode of use is to identify certain general building contractor and construction, remodeling, maintenance, and repair services, on its website, on work trucks, on jobsite signs, on employee shirts and safety vests, and at physical office locations. To the best of the signatory's knowledge and belief, no other persons except authorized users and concurrent users as specified in the application have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services of such other persons, to cause confusion or mistake, or to deceive. The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.