CONCURRENT USE RESPONSE APPLICANT: BOARD OF TRUSTEES, THE CALIFORNIA STATE UNIVERSITY SERIAL NUMBER 87030544 FILED : MAY 10, 2016 Concurrent Use entitlement criteria: (4) Applicant's date of first use in commerce is prior to the filing date of (a) any pending applications. APPLICANT REPLY (1)(a): Applicant's goods and services are listed in allowed trademark application 87030544 incorporated herein, and include: IC 016 Binders; Check book covers; Decals; Desk sets; Folders; Note books; Note cards; Paper napkins; Pencils; Pens; Photo albums; Post cards; Stationery; Stickers; Wire-bound notebooks; Writing instruments; Bumper stickers; Day planners; Desktop organizers; Magnetic bumper stickers; Notepad holders; IC018 Backpacks; Briefcases; Business card cases; Duffel bags; Umbrellas; Backpacks, book bags, sports bags, bum bags, wallets and handbags; Briefcase-type portfolios; Leather key chains; IC021 Bottle openers; Cups; Drinking glasses; Mugs; Plates; Shot glasses; Beverage glassware; Coffee mugs; Reusable glass, stainless steel, plastic water bottles sold empty; IC025 Boxer shorts; Caps; Headwear; Infant wear; Jackets; Jackets and socks; Leggings; Pajamas; Polo shirts; Shorts; Sweat pants; Sweatshirts; T-shirts; Tank tops; Visors; Athletic apparel, namely, shirts, pants, jackets, footwear, hats and caps, athletic uniforms; Caps; Hooded sweatshirts; IC041 Education services in the nature of courses at the university level; Educational services, namely, providing courses of instruction at the college level and distribution of course material in connection therewith; Entertainment in the nature of competitions in the field of athletics; Organizing and conducting college sport competitions and athletic events; Providing collegiate athletic and sporting events. APPLICANT REPLY (1)(b): The geographic area in which applicant is using the mark the mark in commerce is the United States and territories, and specifically HUMBOLDT was founded in 1913 as a teacher's college in Arcata, California, and is now a public educational institution that is part of the 23-campus California State University System and is governed by The Board of Trustees. HUMBOLDT offers students a choice of 51 undergraduate majors, 12 graduate programs , 190 campus clubs, 12 NCAA Division II athletic teams, and the student body is comprised of 91% from California and 9% from outside California. HUMBOLDT has been using the trademark HSU since 1974 and is the applicant of allowed U.S. Federal Trademark Application #87030544 for use in connection with the foregoing goods and services. APPLICANT REPLY (1)(c): Applicant seeks registration for the mode of use including the mark HSU for the goods and services applied in allowed application 87030544, and applicant specifically disclaims the geographic area of the State of Texas, and claims the United States and territories excluding the State of Texas. APPLICANT REPLY (2)(a): Concurrent user name and address is Hardin-Simmons University, 2200 Hickory, Abilene, Texas 79698, a private university established under the laws of Texas. APPLICANT REPLY (2)(b): Concurrent user has alleged use in their later filed application 87703860 for the goods and services including IC025 Caps; Headwear; Infant wear; Jackets; Long sleeve shirts; Socks; Headbands; Pajamas; Polo shirts; Shorts; Sweat pants; Sweatshirts; Pullovers; T-shirts; Tank tops; Visors; Hats; Hooded sweatshirts; and IC041 Education services in the nature of courses at the university level; Teaching, training, tutoring and courses of instruction at the undergraduate, graduate and post-graduate level; Educational services, namely, conducting distance learning instruction at the university level; Educational services, namely, providing online courses of instruction at the undergraduate and graduate level and distribution of course material in connection therewith; Developing international student exchange programs; Educational counseling services to assist students in planning and preparing for further education; Entertainment in the nature of competitions in the field of athletics; Organizing and conducting college sport competitions and athletic events; Providing collegiate athletic and sporting events. APPLICANT REPLY (2)(c): Applicant has no direct knowledge of the geographic scope of use for the concurrent user, but can assume it includes the State of Texas, especially in and around their Abilene Texas campus since it is located there. APPLICANT REPLY (2)(d): Concurrent user's mode of use is unknown to applicant but may be inferred from their U.S. trademark application 87703860, subject to verification. APPLICANT REPLY (2)(e): Concurrent user's time period of use is unknown to applicant but may be inferred from their U.S. trademark application 87703860 as extending back to Aug. 31, 1934, subject to verification. Applicant seriously doubts the veracity of the concurrent users use back to 1934 for IC025 HEADBANDS (headbands in 1934 involved lace, exotic fabric and feather, see Wikipedia), SWEAT PANTS (invented in France by Emile Camuset in 1920), SWEAT SHIRTS (invented in 1934 at Champion). Applicant seriously doubts the veracity of the concurrent users use back to 1934 for IC041 DISTANCE LEARNING (?), ONLINE COURSES (?), DISTRIBUTION OF ONLINE COURSE MATERIALS (?) , AND INTERNATIONAL STUDENT EXCHANGE PROGRAMS (?). Applicant has no knowledge whether concurrent user's use has been continuous, and whether concurrent user has used on the mark on all of their listed goods and services in application 87703860 back to 1934. APPLICANT REPLY (2)(f): Concurrent user has filed application 87703860. APPLICANT REPLY (3): Applicant states that no other person except as specified in the application has the right to use the mark in commerce. APPLICANT REPLY (4): Applicant verifies by declaration under 37 CFR 2.20 that all of the items listed above, to the extent known by applicant, are true and accurate.

Subject to Concurrent Use Proceeding with U.S. Application Serial No. 87703860. Applicant claims the exclusive right to use the mark in the area comprising all US states with the exception of Texas.