Applicant seeks registration of the mark CARBONE'S PIZZERIA with the identified goods and services of: "pizza; pizza delivery services; delivery of food and drink by restaurants; restaurant services featuring in-restaurant dining and carryout" for the entire United States, except for the State of New York. Major Intellectual, LLC (the "New York User"), with an address of Floor 3, 110 Lafayette Street, New York, New York, 10010, owns a trademark registration for the mark CARBONE RESTAURANT, U.S. Reg. No. 4,407,786 with the US Patent and Trademark Office ("USPTO") and claims to have used the mark in commerce in connection with "restaurant services; bar services" since March 9, 2013. To the verifier's knowledge, the New York User uses its mark in the advertising of its services online via its website and provides service at only one location in New York City. The New York User filed its application with the USPTO on January 27, 2012. Applicant has used its mark in commerce since at least as early as June 1954, significantly prior to the filing date of the New York User's application.