Post Publication Amendment

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1771 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1771 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Post-Approval/Publication/Post-Notice of Allowance (NOA) Amendment

To the Commissioner for Trademarks:

Application serial no. 88124840 GATEWAY(Standard Characters, see http://uspto.report/TM/88124840/mark.png) has been amended as follows:

EXPLANATION OF FILING
Applicant requests that the application be amended to an application for restricted registration pursuant to 37 C.F.R. ? 2.42 and provides the following in support of its right to a concurrent use registration. Applicant is aware of concurrent use of the mark by Gateway Learning Group, Inc. (a California corporation), 1663 Mission Street, Suite 400, San Francisco, California 94103. To the extent of Applicant?s knowledge, Gateway Learning Group is using its GATEWAY mark within the State of California and has been using its mark since as early as December 31, 2005 in connection with the following services: IC 041. Educational services, namely, providing workshops and seminars in the field of behavioral therapy treatments for children with autism spectrum disorders and related developmental disabilities; day camp services for children with autism spectrum disorders and related developmental disabilities; Educational training and consulting services provided to schools and educators in the field of behavioral therapy treatment programs for children with autism spectrum disorders and related developmental disabilities. IC 044. Behavioral health services in the nature of behavioral therapy services for children with autism spectrum disorders and related developmental disabilities. Gateway Learning Group has filed Application Serial No. 88445895 for the GATEWAY mark. Applicant seeks concurrent registration of its mark in connection with the services of its application in the remainder of the United States, excepting the State of California.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 044 for Behavioral health services in the nature of behavioral therapy services for children with autism spectrum disorders and related developmental disabilities
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 04/16/2014 and first used in commerce at least as early as 04/16/2014 , and is now in use in such commerce.

Proposed: Class 044 for Behavioral health services in the nature of behavioral therapy services for children with autism spectrum disorders and related developmental disabilities
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 04/16/2014 and first used in commerce at least as early as 04/16/2014 , and is now in use in such commerce.
SIGNATURE(S)

Signature: /Amy Sullivan Cahill/     Date: 07/25/2019
Signatory's Name: Amy Sullivan Cahill
Signatory's Position: Attorney of record, Kentucky bar member

Signatory's Phone Number: 5028250220

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; and he/she is currently the applicant's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the applicant in this matter: (1) the owner/holder has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
Serial Number: 88124840
Internet Transmission Date: Thu Jul 25 15:51:26 EDT 2019
TEAS Stamp: USPTO/PPA-XX.XXX.XXX.XXX-201907251551262
16115-88124840-620ddcec2e83aeef02b5269d8
d3da75d2b278d971bbbc1219adf32fd36a4bd536
fb-N/A-N/A-20190725152448853208