Pursuant to TMEP 1207.04(c)(3), Applicant's date of first use in commerce of May 1, 2011 predates Registrant's date of first use in commerce of December 6, 2012, by more than 19 months. In addition, Applicant filed an opposition proceeding against Registrant prior to Registrant's registration. The opposition proceeding was voluntarily withdrawn after the parties executed a Coexistence Agreement, in which Applicant and Registrant agreed to allow their marks, including domain names and locations, to coexist. Each party agreed not to open a new location within 50 miles of the other party's existing location (at the time of the agreement, the parties' locations were thousands of miles apart - Applicant in Wilmington, North Carolina, and Registrant in Santa Monica, California) and agreed to notify the other party before opening any new locations. Further, a recent search indicates that Registrant may not be operating under the name COWORKS SPACE, or may not be operating at all. Registrant's website at www.coworksla.com is no longer active and its Facebook (www.facebook.com/CoWorksSpace) and Twitter (www.twitter.com/coworksspace1) do not show activity after July 2014. Based on the existing agreement with Registrant, the fact that Applicant is the senior user, the distance between the parties' locations, and Registrant's lack of active use, Applicant is entitled to a concurrent use registration with Registrant's registration.