THE WINDOW DEPOT "MORE THAN A WINDOW STORE" BEST PRICE - BIGGEST INVENTORY

The mark consists of a stylized block drawing of an arrow pointing to the left with the stylized word THE in cursive characters along the top side of the arrow point, the stylized words BEST PRICE - BIGGEST INVENTORY along the top side of the arrow line, and the stylized words WINDOW DEPOT above the stylized words "MORE THAN A WINDOW STORE" inside the body of the arrow line.

Color is not claimed as a feature of the mark.

Applicant's present application and any resulting registration for all goods identified in this application is restricted to the area comprising the entire States of Arizona, California, Idaho, Nevada, New Mexico, Oregon, and Washinton, and the counties in the State of Texas of El Paso and Hudspeth. With respect to the concurrent use eligibility, Applicant submits the following statement: (1) The name and address of the concurrent user is Window Depot Global, LLC (WDC) with an address of 108 S. Main Street, Columbiana, Ohio 44408. WDC owns two applicable registrations, namely, U.S. Reg. No. 5,207,887 for the Mark WINDOW DEPOT USA, and U.S. Reg. No. 5,426,278 for the Mark WINDOW DEPOT. Applicant specifies, to the extent of its knowledge, that the relevant goods and services of WDC are new and replacement windows, doors and siding, as well as installation and replacement services for said windows, doors and siding. Applicant specifies that WDC, by written agreement, uses marks with WINDOW DEPOT only outside the geographic area of Applicant. Applicant specifies, to the extent of its knowledge, that Window Depot, LLC has used a mark with WINDOW DEPOT at least as early as December 2005 through current. (2) Applicant's concurrent use eligibility is based on Applicant receiving written consent from WDC to the grant of a concurrent use registration to Applicant. To evidence this, attached is the fully executed Concurrent Use Agreement between WDC and Applicant. (3) The geographic area for which Applicant seeks registration of the mark is as follows: "Applicant claims the exclusive right to use the mark in the area comprising the entire States of Arizona, California, Idaho, Nevada, New Mexico, Oregon, and Washinton, and the counties in the State of Texas of El Paso and Hudspeth." Applicant uses the applied-for mark for retail store services featuring windows, cabinets, doors, door locks, door handles, countertops, skylights, sinks, flooring, sealing and insulating materials, and caulking materials, as evidenced by the specimens submitted herewith. (4) Applicant specifies, to the extent of its knowledge, the exception to its claim of exclusive use with concurrent use by Window Depot Global, LLC. Applicant specifies, to the extent of its knowledge, that the relevant goods and services of Window Depot Global, LLC are new and replacement windows, doors and siding, as well as installation and replacement services for said windows, doors and siding. Applicant specifies that Window Depot Global, LLC, by written agreement, uses marks with WINDOW DEPOT outside the geographic area of Applicant. Applicant specifies, to the extent of its knowledge, that Window Depot, LLC has used a mark with WINDOW DEPOT at least as early as December 2005 through current. Applicant submits the following claim to be printed in the Official Gazette: "Subject to Concurrent Use Proceeding with Window Depot Global, LLC, 108 S. Main Street, Columbiana, Ohio 44408.

Applicant's present application and any resulting registration for all goods identified in this application is restricted to the area comprising the entire States of Arizona, California, Idaho, Nevada, New Mexico, Oregon, and Washinton, and the counties in the State of Texas of El Paso and Hudspeth. With respect to the concurrent use eligibility, Applicant submits the following statement: (1) The name and address of the concurrent user is Window Depot Global, LLC (WDC) with an address of 108 S. Main Street, Columbiana, Ohio 44408. WDC owns two applicable registrations, namely, U.S. Reg. No. 5,207,887 for the Mark WINDOW DEPOT USA, and U.S. Reg. No. 5,426,278 for the Mark WINDOW DEPOT. Applicant specifies, to the extent of its knowledge, that the relevant goods and services of WDC are new and replacement windows, doors and siding, as well as installation and replacement services for said windows, doors and siding. Applicant specifies that WDC, by written agreement, uses marks with WINDOW DEPOT only outside the geographic area of Applicant. Applicant specifies, to the extent of its knowledge, that Window Depot, LLC has used a mark with WINDOW DEPOT at least as early as December 2005 through current. (2) Applicant's concurrent use eligibility is based on Applicant receiving written consent from WDC to the grant of a concurrent use registration to Applicant. To evidence this, attached is the fully executed Concurrent Use Agreement between WDC and Applicant. (3) The geographic area for which Applicant seeks registration of the mark is as follows: "Applicant claims the exclusive right to use the mark in the area comprising the entire States of Arizona, California, Idaho, Nevada, New Mexico, Oregon, and Washinton, and the counties in the State of Texas of El Paso and Hudspeth." Applicant uses the applied-for mark for retail store services featuring windows, cabinets, doors, door locks, door handles, countertops, skylights, sinks, flooring, sealing and insulating materials, and caulking materials, as evidenced by the specimens submitted herewith. (4) Applicant specifies, to the extent of its knowledge, the exception to its claim of exclusive use with concurrent use by Window Depot Global, LLC. Applicant specifies, to the extent of its knowledge, that the relevant goods and services of Window Depot Global, LLC are new and replacement windows, doors and siding, as well as installation and replacement services for said windows, doors and siding. Applicant specifies that Window Depot Global, LLC, by written agreement, uses marks with WINDOW DEPOT outside the geographic area of Applicant. Applicant specifies, to the extent of its knowledge, that Window Depot, LLC has used a mark with WINDOW DEPOT at least as early as December 2005 through current. Applicant submits the following claim to be printed in the Official Gazette: "Subject to Concurrent Use Proceeding with Registration Nos. 5207887 and 5426278. Applicant claims the exclusive right to use the mark in the area comprising the entire States of Arizona, California, Idaho, Nevada, New Mexico, Oregon, and Washington, and the counties in the State of Texas of El Paso and Hudspeth."

WINDOW DEPOT has become distinctive of the goods/services as evidenced by the ownership on the Principal Register for the same mark for sufficiently similar goods/services of active U.S. Registration No(s). 7912754