Applicant amends the Application to seek registration of the mark in connection with restaurant services within a territory comprising Alaska, Arizona, Arkansas, California, Colorado, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah, Washington and Wyoming. Applicant is using the mark in advertising the services on the Internet, on menus and other printed materials, on goods incidental ot the provision of restaurant services at its restaurants, and on restaurant signage. Buttermilk Kitchen LLC (the "Excepted User"), located at 4225 Roswell Road, Atlanta, Georgia 30342, owns Registration No. 4,406,269 for BUTTERMILK KITCHEN (Logo) and Appln. No. 88230028 for registration of BUTTERMILK KITCHEN, both in connection with restaurant services. The Excepted User alleges a date of first use and a date of first use in commerce of these marks of October 9, 2012. The Excepted User is using these marks within a territory comprising Alabama, Connecticut, Delaware, Florida, Georgia, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina, Tennessee, Vermont, Virginia and West Virginia. The Excepted User asserts that it is using the marks BUTTERMILK KITCHEN (Logo) and BUTTERMILK KITCHEN in advertising, including print, television and web-based media, in connection with the Excepted User's business. Applicant's date of first use in commerce is prior to the filing date of any application filed by the Excepted User (37 CFR 2.99(e)). Further, the Excepted User has consented to the concurrent registration of BUTTERMILK CAFE by Applicant for the territory first described herein.