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Volume19
Year2010
TitleApplication Strategies for Concurrent-Use Registration
Author(s)Sean Flaherty
First Page152
AbstractOur client owns three successful "Beachbum's" restaurant-bars in Imperial Beach, Pacific Beach, and Huntington Beach, California. First use of the mark was in 2004. In anticipation of expanding elsewhere along the U.S. coast, the client has retained us to apply for the federal registration of its mark BEACHBUM'S for restaurant services. Our mark search has revealed a chain of "Beach Bum" restaurant-bars in Fort Myers, Sarasota, and Fort Lauderdale, Florida. The competing mark is not federally registered but has been in active and continuous use since 2001. The client, having been advised of these results, wishes to press forward with the registration process.

Under these circumstances, we should seriously consider applying for concurrent-use registration as authorized by Lanham Act Section 2(d) and elaborated in the PTO Regs.