Concurrent use information. Applicant submits this concurrent use application and seeks registration of the mark for entertainment services in the nature of family entertainment centers for the United States with the exception of Hopkins, Minnesota. Applicant has been made aware of, upon information and belief, the use of the mark EAT BOWL PLAY by Tuttle Hopkins Recreation Inc. ("Tuttle's - Hopkins, Minnesota") in the city of Hopkins, Minnesota in connection with a locally owned family entertainment center as shown on http://www.tuttlesbowling.com. Upon information and belief, based on website archival information, such use commenced on or about June, 2011. Applicant is not aware of any application for federal registration having been filed by Tuttle's - Hopkins, Minnesota and that any rights possessed by Tuttle's - Hopkins, Minnesota would be based under the common law. Upon information and belief, Applicant has used the mark EAT BOWL PLAY in commerce in connection with the applied-for services prior to the earliest of any filing date of an application in which Tuttle's - Hopkins, Minnesota can rely.

Pursuant to the Examining Attorney's requirements, Applicant respectfully submits that its concurrent use claim is based on Criteria 4. Applicant's date of first use in commerce is prior to the filing date of any application that may be filed by the excepted user. Applicant claims all modes of use of its mark, and is not seeking any condition or limitation as to the mode of use of its mark. Applicant provides the following address of the excepted user: 107 Shady Oak Road, Hopkins, MN 55343. Please accept the following concurrent use statement. Subject to Concurrent Use Proceeding with Tuttle Hopkins Recreation, Inc., located at 107 Shady Oak Road, Hopkins, MN 55343. Applicant claims the exclusive right to use the mark in the area comprising the United States with the exception of Hopkins, Minnesota.