Subject to Concurrent Use Proceeding with Registration No. 6263689. Applicant claims the exclusive right to use the mark in the area comprising all of the State of Washington and the northern portion of the State of Idaho that includes the city of Lewiston, Idaho on the south to the Montana and Washington borders on the east and west, respectively, and to the Canadian border on the north.

Applicant has obtained the consent of Zions Bancorporation N.A., the owner of the mark in Registration No. 6263689 (Serial No. 88394100), to the grant of a concurrent use registration to Applicant. A copy of the Mutual Consent and Coexistence Agreement between Applicant and Zions Bancorporation N.A. dated November 22, 2019 is attached with this response. Applicant is a credit union that uses the applied for mark in connection with providing credit union services. Applicant's headquarters are located in Spokane, Washington. Applicant provides its credit union services in the state of Washington and the northern portion of the state of Idaho from the city of Lewiston, Idaho on the south to the Canadian border on the north. Applicant began using the applied for mark on July 31, 2019 and uses the applied for mark in conjunction with its registered mark Canopy Credit Union (Reg. No. 5957516). The concurrent user is Zions Bancorporation N.A., which uses its mark in connection with banking services; personal banking services; business banking services; commercial banking services, namely, global banking, energy banking, not for profit banking, financial treasury management services, merchant banking services, municipal finance, marine finance, real estate services, and syndication services; online banking services; banking services provided using mobile devices; mortgage banking; investment management; investment advisory services; investment brokerage; financial trust administration; estate administration, namely, estate settlement services; personal wealth management services, namely, private banking services, retirement planning, trust and estate settlement and administration services, investment management, investment advisory services, and investment brokerage; and insurance brokerage services. Concurrent user uses the mark in Registration No. 6263689 (Serial No. 88394100) through one of its divisions, known as Amegy Bank, which is located and operates primarily in the state of Texas. The concurrent user does not use the mark in Registration No. 6263689 (Serial No. 88394100) in the state of Washington or in the northern portion of the state of Idaho. Concurrent User has been using its mark since June 15, 2018. No other person except for concurrent user has the right to use the mark HERE YOU GROW in commerce. Applicant originally filed an application to register the Here You Grow mark on February 14, 2019 (Serial No. 88302507). Zions Bancorporation N.A. filed an opposition to Applicant's original application. Applicant and Zions Bancorporation N.A. then negotiated and signed the Mutual Consent and Coexistence Agreement that is attached to this response. In that Agreement, Zions Bancorporation N.A. consented to the registration of the Applicant's mark in international class 36 solely for Applicant's credit union services, subject to Applicant's agreement not to use Applicant's mark in advertising for any goods or services, including but not limited to, the Applicant's credit union services, outside of the geographic area that comprises all of the State of Washington and the northern portion of the State of Idaho that includes the city of Lewiston, Idaho on the south to the Montana and Washington borders on the east and west, respectively, and to the Canadian border on the north. Having executed the Mutual Consent and Coexistence Agreement, Applicant filed a Stipulated Motion for Entry of Judgment and to Amend Application to Seek Concurrent Use Registration. That motion was denied on the grounds that an application to register under Section 1(b) cannot be subject to a concurrent use proceeding until after an acceptable allegation of use is filed and that Applicant could not file an amendment to allege use because its application was subject to the opposition. In the order denying the motion, the Board stated that if the parties wished to go forward with concurrent use registrations, Applicant could abandon its opposed application and refile it as a use-based, concurrent use application. Applicant filed a Request for Abandonment of Application with Consent. The Board then dismissed the opposition without prejudice. Thereafter, Applicant filed its current use-based application.