REGISTRATION LIMITED TO THE AREA COMPRISING ALL AREAS OF THE CONTINENTAL UNITED STATES, EXCEPT FOR THE STATES THAT ARE LOCATED EAST OF THE MISSISSIPPI RIVER (THE EASTERN STATES). CONCURRENT USE PROCEEDING NO. 94002527 WITH SERIAL NOS. 77837828, 77837831, 77937909 AND 77937976.

CONCURRENT USE REQUIREMENTS (1) Applicant provides the following information about its use of the mark: (a) Applicant's services are those described in its application, as amended by this Response, namely: Class 35: Accounting services; Advertising and promotion services and related consulting; Advertising, marketing and promotion services; Assistance, advisory services and consultancy with regard to business planning, business analysis, business management, business organization, marketing and customer analysis; Business management consulting and advisory services; Business management consulting with relation to strategy, marketing, production, personnel and retail sale matters; Customer service management for others in the field of retail store services; General business merchandising services, namely, marketing; Market research; Providing insurance agent referrals; Wholesale and retail store services featuring groceries and drugstore products; Wholesale food distributorship services; (b) The geographic areas in which the Applicant is using the mark in commerce include eight states, all of which are located west of the Mississippi River. Those states include Utah, Colorado, Idaho, Montana, Nevada, Oregon, and Wyoming. (c) Applicant seeks use of the trademark as a 1(a) application, for the services described in Applicant's application, as amended by this Response. (2) Applicant provides the following information about the concurrent user (the "Concurrent User"): (a) The name and address of the Concurrent User is as follows: Associated Food Stores, Inc. 1800 Rockaway Avenue, Suite 200 Hewlett, NY 11557 (b) The goods and/or services of the Concurrent User are as follows: ADVERTISING AND PROMOTION SERVICES AND RELATED CONSULTING; ADVERTISING, MARKETING AND PROMOTION SERVICES; ASSISTANCE, ADVISORY SERVICES AND CONSULTANCY WITH REGARD TO BUSINESS PLANNING, BUSINESS ANALYSIS, BUSINESS MANAGEMENT, AND BUSINESS ORGANIZATION; BUSINESS MANAGEMENT CONSULTANCY AND ADVISORY SERVICES; BUSINESS MANAGEMENT CONSULTING WITH RELATION TO STRATEGY, MARKETING, PRODUCTION, PERSONNEL AND RETAIL SALE MATTERS; CUSTOMER SERVICE IN THE FIELD OF RETAIL STORE SERVICES; GENERAL BUSINESS MERCHANDISING SERVICES, NAMELY, MARKETING; WHOLESALE AND RETAIL STORE SERVICES FEATURING GROCERIES AND DRUGSTORE PRODUCTS, IN CLASS 35. (c) The geographic area(s) in which the Concurrent User is using the mark in commerce are as follows: ALL AREAS OF THE CONTINENTAL UNITED STATES, EXCEPT FOR THE STATES THAT ARE LOCATED WEST OF THE MISSISSIPPI RIVER (THE WESTERN STATES). A search for store locations on the Concurrent User's website resulted in listings for stores in two states, namely New York and New Jersey. (d) The concurrent use agreement between Applicant and the Concurrent User provided for use by the Concurrent User for the services described in the concurrent user's trademark registrations, as set forth in 2(b), above. (e) The time period of use by Concurrent User for SN77937909 is 1952 to present and for SN 77937979 is 1980 to present. (f) The following live trademarks are currently registered by the Concurrent User: SN 77937976 A ASSOCIATED SN 77937909 ASSOCIATED SUPERMARKETS SN 77937875 COMPARE FOODS SN 77594379 STEAM MAGIC SN 73462632 SUPER A SN 73020120 SUPER A SN 73016420 SUPER A SN 73015964 SUPER A SN 73015963 SUPER A SN 72454991 SUPER A SN 72258880 SUPER A However, only SN 77937976 and SN 77937909 are referenced in the concurrent use agreement between the parties. Applicant has attached, as Specimen 2, the final order of the TTAB with respect to the prior concurrent use proceeding for Applicant's prior registrations. Applicant has attached, as Specimen 3, the Joint Submission of Concurrent Use Agreement, which constitutes the only concurrent use agreement currently in force between Applicant and the excepted user.