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 further 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. (1) Applicant uses its mark GATEWAY in connection with behavioral health services in the nature of behavioral therapy services for children with autism spectrum disorders and related developmental disabilities. Applicant uses its GATEWAY mark to advertise, promote, and provide its services in various locations in interstate commerce in the United States, but does not use its mark in the States of California, Colorado, or Utah; (2) 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 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 filed U.S. Trademark Application 88445895 for GATEWAY for use in connection with these services on May 24, 2019 and has amended its application to seek concurrent use registration to limit its registration to the States of California, Colorado, and Utah. Applicant seeks to amend its application to a concurrent use application in connection with its identified services in the remainder of the United States, excepting the States of California, Colorado, and Utah. Applicant believes Applicant is the owner of the mark and that to the best of Applicant's knowledge and belief, no other person except as specified in the application herein has the right to use the mark in commerce, either in identical form or in such near resemblance as to be likely, when applied to the goods or services of such other person, to cause confusion or mistake, or to deceive. TMEP 1207.04(d)(i).

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Res-Care, Inc., DBA BrightSpring Health Services, a corporation of Kentucky, having an address of
      805 N. Whittington Parkway
      Louisville, Kentucky 40222
      United States

Proposed: Res-Care, Inc., DBA BrightSpring Health Services, a corporation of Kentucky, having an address of
      805 N. Whittington Parkway
      Louisville, Kentucky 40222
      United States
      Email Address: XXXX

ADDITIONAL STATEMENTS
Miscellaneous Statement
Applicant requests that the application be further 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. (1) Applicant uses its mark GATEWAY in connection with behavioral health services in the nature of behavioral therapy services for children with autism spectrum disorders and related developmental disabilities. Applicant uses its GATEWAY mark to advertise, promote, and provide its services in various locations in interstate commerce in the United States, but does not use its mark in the States of California, Colorado, or Utah; (2) 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 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 filed U.S. Trademark Application 88445895 for GATEWAY for use in connection with these services on May 24, 2019 and has amended its application to seek concurrent use registration to limit its registration to the States of California, Colorado, and Utah. Applicant seeks to amend its application to a concurrent use application in connection with its identified services in the remainder of the United States, excepting the States of California, Colorado, and Utah. Applicant believes Applicant is the owner of the mark and that to the best of Applicant's knowledge and belief, no other person except as specified in the application herein has the right to use the mark in commerce, either in identical form or in such near resemblance as to be likely, when applied to the goods or services of such other person, to cause confusion or mistake, or to deceive. TMEP 1207.04(d)(i).

Correspondence Information (current):
      AMY SULLIVAN CAHILL
      PRIMARY EMAIL FOR CORRESPONDENCE: acahill@cahill-ip.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): info@cahill-ip.com; cryan@cahill-ip.com

The docket/reference number is RES.
Correspondence Information (proposed):
      Amy Sullivan Cahill
      PRIMARY EMAIL FOR CORRESPONDENCE: acahill@cahill-ip.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): info@cahill-ip.com; cryan@cahill-ip.com

The docket/reference number is RES.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

SIGNATURE(S)

Signature: /Amy Sullivan Cahill/     Date: 07/07/2020
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 a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

Mailing Address:    AMY SULLIVAN CAHILL
   CAHILL IP PLLC
   
   6013 BROWNSBORO PARK BOULEVARD SUITE B
   LOUISVILLE, Kentucky 40207
Mailing Address:    Amy Sullivan Cahill
   CAHILL IP PLLC
   6013 BROWNSBORO PARK BOULEVARD SUITE B
   LOUISVILLE, Kentucky 40207
        
Serial Number: 88124840
Internet Transmission Date: Tue Jul 07 16:44:35 ET 2020
TEAS Stamp: USPTO/PPA-XX.XXX.XXX.XXX-202007071644357
56555-88124840-71051373755334d5f3d4f3cf9
dac0dd89f8ff179f84dce8e75282419704b8ac67
4-N/A-N/A-20200707162917498059