Concurrent use information. Applicant seeks registration for the Mark NATURAL HAIR RULES!!! and requests a concurrent use proceeding to determine the allowance of concurrent use with its applied-for Mark NATURAL HAIR RULES!!! and a USPTO registered Mark HAIR RULES (REG. NO. 77252809). Applicant believes that it fully satisfies the requirements for the Board's further review. Applicant is seeking a 1(a) in use registration as it has used the applied-for Mark openly and continuously since October 14, 2008. Applicant began using its applied-for Mark within months subsequent to Registrant's use. Applicant used the Mark in good faith as it was not aware of Registrant's mark. At some point in 2010, Applicant and Registrant became aware of one another and conducted business together and continued to coexist since then without public confusion. For this reason, Applicant continued to use the applied-for Mark in commerce as it in good faith did not believe that it presented a conflict with Registrant's mark. Applicant's business is online; therefore, its area of actual use is the United States. A subsequent user may obtain registration for area of actual use as well as area of natural expansion and subsequent user who adopts in good faith is not necessarily precluded from further expansion after learning of prior user. Ole' Taco Inc. v. Tacos Ole, Inc., 221 USPQ 912, 916 (TTAB 1984). Additionally, Applicant meets the requirements applicable to non-restricted applications. Its use of the applied-for Mark has been open and continuous since October 14 2008, and is therefore more than a mere token use of the Mark. Below, Applicant provides exceptions to the claim of exclusive use for the applied-for Mark and specifically sets forth further information on the extent of the Registrant's knowledge, any concurrent use by others, the goods on or in connection with each mark and the areas in which each concurrent use exists, the periods of each use; and the goods and area for which the applicant desires registration: Exceptions to the Claim of Exclusive Use and Restrictions Applicant seeks use of the applied-for Mark as associated with a blog and online journal in Classification 41. It does not seek registration in Classification 003 or Classification 044, where Registrant is currently registered for hair care preparations and beauty salon services, respectively. Additionally, Applicant shall not offer any products or services under the applied-for Mark that fall within these classifications.  Applicant's presentation of the applied-for Mark includes three exclamations points, and these three exclamations have become a prominent feature of Applicant's brand, making the source immediately recognizable by the public. Applicant's use of the applied-for Mark shall be restricted to its current use and inclusive of the three exclamation points.  Applicant shall include a clarifying statement on its Company's website and any affiliate websites that makes plain and clear to visitors that it is not owned by, associated, or otherwise affiliated with Registrant's mark.  Extent of Registrant's Knowledge of Applicant's use of the Applied-for Mark Applicant sets forth that Registrant by its owner has known of its existence since as early as 2010. An article published on Applicant's blog on November 16, 2010 titled, My Life as a Hair Model is attached as a Exhibit 1 to this application. The article includes a photo (see page 3 of Exhibit 1) of Applicant with Registrant, and is clearly captioned "Natural Hair Rules!!! and Dickey of Hair Rules". Applicant also attaches Exhibit 2, a video media file further wherein Applicant worked as a model for Registrant, further evidencing Registrant's awareness of Applicant's trademark. Furthermore, the two Marks have co-existed without causing actual confusion to consumers. Registrant continues to be aware of Applicant's existence, and is specifically aware of its intention to file an application for the applied-for Mark. Additionally, Applicant has owned the domain www.naturalhairrules.com since February 2009, creating a further public record and constructive notice of it's its use. Despite having previous knowledge of Registrant's existence and open and continued use of the applied-for Mark for five years, Registrant has never expressed concern with Applicant's use and Applicant believes that such silence shall be deemed an acquiesce to Applicant's use of the applied-for Mark. Concurrent Use By Others To Applicant's best knowledge, there are no other existing concurrent users.  The Goods on or in Connection with Each Mark and the Areas in Which Each Concurrent Use Exists Applicant and Registrant do not offer identical or similar goods or services. Applicant offers a blog/online journal and is seeking a registration in Classification 041, while Registrant sells haircare preparations (Class 003) and operates a beauty salon (Class 044). Applicant does not, and will not offer services or goods under these classification, nor does Applicant intend to seek registration in these classifications. Furthermore, although Registrant offers its products for sale online, it has a highly concentrated and well-known local presence in New York and New Jersey. Alternatively, Applicant is based in Georgia. The Periods of Each Use Applicant has been using the applied-for Mark openly and continuously as associated with its online blog/journal since October 14, 2008, and Registrant, to the best of Applicant's knowledge, has used its mark since April 2008.  The Goods and Area for Which the Applicant Desires Registration Applicant seeks registration in classification 44, and use of the mark throughout the United States. Applicant shall be restricted from filing in Classifications 003 and 044. Based on the explanations and the limitations set forth herein above, Applicant seeks the initiation of a proceeding before the Board to determine concurrent use.