The applicant intends to maintain the concurrent use claim in the application. In connection with that claim the following information is provided: SERVICES AND GEOGRAPHIC AREA Services for which applicant seeks registration: Fast-food restaurants and take-out restaurant services in International class 043. Geographic area for which applicant seeks registration: The states of Utah, Idaho, Wyoming, Montana, Oregon and Washington. MODE OF USE OF THE MARK The mark is used on signs boards attached to or adjacent to restaurants owned by the applicant. The mark is also used on signed painted directly on the restaurants. In addition, the mark is used on food wrappers, sacks, cups and napkins provided in connection with food purchased at restaurants owned by the applicant. The mark is also used in local advertising for the restaurants and on vehicles owned by the applicant which are used in connection with restaurant services provided by the applicant. EXCEPTIONS TO THE CLAIM OF EXCLUSIVE USE The mark Beto's Mexican Restaurant has been in use since July 15, 1993 by Beto's Mexican Restaurants, L.P., Beto's Management Co., LLC, a Texas limited liability company in connection with fast-food restaurants and restaurant services located exclusively in the state of Texas. However, in January 1997, Beto's Management Co., LLC invaded applicant's territory of service mark use by licensing a third party to use the name Beto's Mexican Restaurant in the city of Ogden, Utah, apparently with the intent to cause confusion with regard to source, to damage applicant's business, and to demand use fees for the Beto's mark from applicant. The mark Beto's Mexican Food is also being used in connection with fast-food restaurants and restaurant services in the state of Florida a party unaffiliated with either the applicant or the registrant Beto's Mexican Restaurants, L.P., Beto's Management Co., LLC. The unaffiliated party operates a restaurant at 7135 S. Orange Blossom Trail in Orlando Florida. The telephone number of this business location is (407) 859-7030. Nothing further is known of this business entity. The mark Beto's is apparently also the name of a restaurant located at 5025 W. Belmont Avenue in Chicago, IL 60641. The telephone number of that restaurant is (773) 202-1250. Nothing further is know of this business entity. The mark Los Beto's is also the name of several restaurants in Tucson, Arizona. One location is 3760 S. Palo Verde Road; another is 7760 E. Speedway Boulevard. The restaurant at the former location was identified as needing improvement after an unannounced inspection by the Pima County Health Department. Nothing is known of the controlling business entity. The mark Don Beto's is also in use as a restaurant name in Tucson, Arizona. A restaurant bearing this name is located at 1501 W. Saint Marys Road. Nothing further is known of this business entity. NAME AND ADDRESS OF CONCURRENT USER The principal concurrent user is Beto's Mexican Restaurants, L.P., Beto's Management Co., LLC, a Texas limited liability company having a principal place of business at 2530 West interstate 20, Grand Prairie, Texas 75052. The examining attorney refused registration of applicant's mark on the basis of U.S. Trademark Registration No. 2603880. The mode of use by registrant of its registered mark is characterized by its use on signs on or adjacent restaurants owned by the registrant. The mark is also used on food wrappers, sacks, cups and napkins provided in connection with food purchased at restaurants owned by the registrant. The mark is also used in local advertising in the state of Texas for promotion of the restaurants owned by registrant.