Two Recent Concurrent Use Rulings From The TTAB

Future Wolf Greenfield associate and soon-to-be Notre Dame Law School graduate Kira-Khan McCarthy is enjoying an externship this semester at the Trademark Trial and Appeal Board. Here are two concurrent use decisions/orders for which Kira provided her assistance to the TTAB's Cheryl Butler.

Birth to Three & Beyond Pediatric Therapies, LLC, dba The Therapy Tree, LLC v. Therapy Tree PLLC, Concurrent Use No. Concurrent Use No. 94002929 (April 21, 2020) (Order by McCarthy/Butler). The Board granted a petition to convert a cancellation proceeding brought by Birth to Three into a concurrent use proceeding. Birth to Three seeks registration of the marks shown above for various therapy services in the geographic area comprising the states of Illinois, Wisconsin, Iowa, Michigan, Minnesota, Indiana, and Ohio. Its adversary owns a registration for the mark THERAPY TREE for "Speech, occupational and physical therapy." The Board then reviewed and accepted a concurrent use