See discussion above for concurrent use information.

Examiner, please add the following justification to our request that this application be converted to one for concurrent use (with the use limitations proffered in our last response): "To the best of applicant's knowledge and belief, the prior registrant does not use its mark in connection with the operation of any restaurant or bar services. According to the prior registrant's current website (http://shorebreakhotel.com), the restaurant and cocktail bar that is operated in connection with the prior registrant's only hotel location is called 'Zimzala', and that restaurant and bar is prominently advertised and featured on the hotel's website. To the extent (if any) that the prior registrant actually offers room service or on-site catering services at its hotel under the SHOREBREAK name, applicant's proposed limitations of use enable the prior registrant to do so (or start that practice if it so chooses) at ANY hotel the prior registrant operates under the SHOREBREAK name." Thank you in advance for considering this amendment if in fact the USPTO decides it is unwilling to allow applicant's application to proceed to publication in light of the new evidence and arguments presented in applicant's earlier response to the USPTO's Final Action in this matter.

Applicant bases its concurrent use claim on the fact that its date of first use of the mark SHOREBREAK PIZZA SPORTS BILLIARDS is prior to the filing date of the Registrant's application for registration of SHOREBREAK, which application has matured into registration. Specifically, Applicant has been using the mark SHOREBREAK PIZZA SPORTS BILLIARDS continuously since its date of first use of the mark on September 1, 2003, which date is prior to Registrant's filing date of April 6, 2007 as well as prior to Registrant's date of first use on May 12, 2009. Applicant further states in connection with certain administrative requirements the following: 1. Applicant seeks registration of the mark for restaurant, sports bar and cocktail lounge services for all United States except for the geographic area west of Texas, Oklahoma, Colorado, Nebraska, South Dakota and North Dakota; 2. Applicant's mode of use of the mark is on signage, menus, letterhead, its website and other various advertising materials common to restaurants; 3. Registrant has registered the mark SHOREBREAK for hotel services with its first date of use in commerce being May 12, 2009. To the best of Applicant's knowledge, Registrant's use of the mark SHOREBREAK is limited to one hotel located in Huntington Beach, California and is not used in connection with any other goods or services or in any other geographic area. 4. The information regarding the concurrent user is as follows: Name and Address: CIM/Huntington, LLC. 6922 Hollywood Blvd., Suite 900, Los Angeles, California 90028. Mark: SHOREBREAK (standard characters) Registration No. 3676946 Mode of Use: To the best of Applicant's knowledge, the mode of use of the mark SHOREBREAK by Registrant is on signs, marketing material such as the specimen attached to Registrant's Statement of Use and on the website http//www.jdvhotels.com. 5. No one else except as specified in this Concurrent Application has the right to use the mark SHOREBREAK.