At times, two trademark owners use the same trademark in commerce. Typically, the owners lack awareness of each other. In a concurrent use application, an applicant requests a registration of a mark that another trademark owner also uses. The concurrent use application prompts action from a court, such as the Trademark Trial and Appeal Board or a federal court. The court must determine whether each parties can use the mark. Based on the court decision, the Trademark Office can grant a concurrent use registration.

Typically, concurrent use applications include geographical restrictions. As such, the parties using the mark are entitled to use in separate regions of the country. Accordingly, different users may have the rights to the trademark on opposite coasts. The owners of each application typically agree that there is no likelihood of confusion between the marks based on lengthy coexistence time periods.