Mid-Atlantic Car Wash Technology, Inc.v.Carwash Tech

Trademark Trial and Appeal Board

Jan 6, 2006

No. 94002000 (T.T.A.B. Jan. 6, 2006)

Mailed: January 6, 2006

UNITED STATES PATENT AND TRADEMARK OFFICE
_____

Trademark Trial and Appeal Board
______

Mid-Atlantic Car Wash Technology, Inc.
v.
Carwash Tech
_____

Concurrent Use No. 94002000
_____

Kimberly O. Snead of Jagtiani + Guttag for Mid-Atlantic Car Wash
Technology, Inc.

Shane Guillory, pro se, for Carwash Tech.
______

Before Quinn, Holtzman and Zervas, Administrative Trademark
Judges.

Opinion by Holtzman, Administrative Trademark Judge:

Applicant, Mid-Atlantic Car Wash Technology, Inc., has filed
an application for concurrent use registration of the mark
WASHTECH for "vehicle wash equipment, namely conveyorized car
washes, drive-thru car washes, automatic car washes, touch-free
car washes, and self-serve car washes" in International Class 7;
and "vehicle wash equipment maintenance and repair services" in
THIS DISPOSITION IS
NOT CITABLE AS
PRECEDENT OF THE TTAB
Concurrent Use No. 94002000
2
International Class 37.1 The application names common law user,
Carwash Tech (aka TriStar Hawaii Corporation), as the exception
to applicant's claim of exclusive right to use the mark in
commerce. According to applicant, Carwash Tech uses the mark
CARWASH TECH in the State of Hawaii in connection with "car wash
technology goods and services."
Because Carwash Tech, as a common law user, was required to
file an answer to the notice of the concurrent use proceeding but
failed to do so, the Board entered judgment against said user
precluding it from claiming any right more extensive than those
rights acknowledged in the concurrent use application.2 See TBMP
§1107 (2nd ed. rev. 2004). In addition, the Board allowed
applicant time to submit proof of its entitlement to concurrent
use registration.
In response, applicant submitted the declaration of its
president, Craig Hanson. Mr. Hanson states in his declaration
that to the best of his knowledge, Carwash Tech operates
facilities using the mark CARWASH TECH only in the State of
Hawaii; that Hawaii is remote from any area where applicant is
likely to operate; that applicant will not advertise its goods

1 Serial No. 76150718, filed on October 20, 2000, alleging first use
and first use in commerce on September 30, 1997, and seeking concurrent
use registration for the area comprising the entire United States
except for the State of Hawaii.

2 The Board also advised the parties that in view of the default
judgment against the user, and as provided in TBMP §1107 (2nd ed. rev.
2004), no further communications issued by the Board in this proceeding
would be sent to the user, with the exception of the Board's final
decision, and no further papers filed by applicant need be served on
the user.
Concurrent Use No. 94002000
3
and services in Hawaii nor operate any facility using the
WASHTECH mark in Hawaii as long as Carwash Tech continues to use
CARWASH TECH in connection with car wash technology goods and
services; that applicant has used the WASHTECH mark since at
least September 1997 without any instances of confusion with the
CARWASH TECH mark; and that if applicant encounters any actual
confusion, it will cooperate with Carwash Tech in order to avoid
such confusion in the future.
We believe applicant has established prima facie that the
concurrent use of the involved marks is not likely to result in
confusion, mistake or deception.
Decision: Applicant is entitled to concurrent use
registration of the mark WASHTECH for its identified vehicle wash
equipment and vehicle wash equipment maintenance and repair
services in the area comprising the entire United States except
the State of Hawaii.