IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
Applicant: Safedate, LLC ; Reference No.: 069447.00
Serial No.: 76/717,138 i Examiner: Kristina Morris
Filed: October 30, 2014 i Law Of?ce: 1 16
Mark: SAFEDATE i
Commissioner of Trademarks
PO. Box 1451
Alexandria, VA 22313-1451
RESPONSE TO OFFICE ACTION
COMMUNICATION
This responds to the Of?ce Action issued February 27, 2015 in connection with
Application Serial No. 76/717,138 (the “Applica??.
PRELIMINARY STATEMENT
Applicant Safedate, LLC (“Applicant”) offers downloadable software in the nature of a
web platform that allows potential dating partners to communicate securely and anonymously
with one another and — through background veri?cation — to know that the person on the other
end of the conversation is who he or she says. This platform solves two problems that are
ubiquitous in online dating: ?rst, ensuring that a potential dating partner has not misrepresented
him or herself, or some part of his or her background; and second, giving potential dating
partners a way to securely and anonymously communicate with one another, while disclosing
only as much information as they wish to share. As such, the application, marketed under the
SAFEDATE mark, is “The Bridge Between Dating Online and Meeting in Person.”1
(See Exhibit A, SafeDate screenshots (website visited August 21, 2015).) In conjunction
with this Response, Applicant is amending its application to an intent-to-use ?ling basis
In contrast to the integrated and innovative SAFEDATE application, the services
provided under the DATESAFE mark are conventional background investigation services, and
consumers are not likely to confuse the two.
The Examining Attomey’s refusal should be withdrawn for at least three reasons. First,
Applicant’s choice to use SAFE as the dominant portion of its mark creates a distinctly different
commercial impression from the more commonly phrased DATESAFE. Emphasizing the SAFE
element places the focus on security, suggesting both the secure nature of a SAFEDATE user’s
communications with potential dating partners and the peace of mind associated with being able
to verify the identity of the person with whom one is interacting online, as well as the security
that goes along with meeting through a software application before meeting in person.
Second, Applicant’s goods are distinct from the services provided under the cited mark.
Consumers looking for the interactive, secure experience provided by Applicant’s software are
not likely to go looking for the traditional private investigation services marketed by
DATESAFE. The Of?ce Action does not provide any evidence to the contrary.
Third, the word DATE is ubiquitous in the online dating world, as evidenced by third-
party registrations, and is also common in the world of background investigation services.
Accordingly, to the extent Applicant’s Mark bears some similarity to the cited mark, consumers
have been conditioned to distinguish between marks such as the ones involved here, and would
not be confused by the transposition of terms.
under Section 1(b). Since the ?ling of the Application, Applicant has used the mark in
commerce.
In sum, Applicant’s Mark creates a distinct commercial impression, is applied to distinct
goods, and is easily distinguished by consumers from the more common phrasing of the cited
mark. Applicant’s Mark should therefore proceed to registration.
W
On October 30, 2014, Applicant applied to register the trademark SAFEDATE in Class 9
for:
Downloadable software in the nature of a web based and mobile application for
use in performing background checks about potential dating partners and
providing secure communication, including videochat and voicechat functions.
(“Applicant’s Mark”). On February 27, 2015, the Examiner refused registration of Applicant’s
Mark, contending that it is confusingly similar to the mark in DATESAFE, Registration No.
2990505 (the “Registered Mark”). Applicant respectfully submits that there is in fact no
likelihood of confusion between DATESAFE and the Applicant’s Mark, and asks that
registration be allowed.
LEGAL STANDARD
Refusal to register a mark under Section 2(d) of the Trademark Act is appropriate only if
the mark so resembles a previously registered mark as to be “likely, when used on or in
connection with the goods of the applicant, to cause confusion, or to cause mistake, or to
deceive” as to the source or sponsorship of the goods or services. 15 U.S.C. § 1052(d); see also
T.M.E.P. § 1207.01. In evaluating likelihood of confusion, the following factors “must be
considered” when the record contains evidence relating to them: (1) the similarity or
dissimilarity of the marks in their entireties as to appearance, sound, connotation and commercial
impression; (2) the similarity or dissimilarity and nature of the goods or services as described in
an application or registration or in connection with which a prior mark is in use; (3) the similarity
or dissimilarity of established, likely-to-continue trade channels; (4) the conditions under which
and buyers to whom sales are made, i.e. “impulse” vs. careful, sophisticated purchasing; (5) the
fame of the prior mark (sales, advertising, length of use); (6) the number and nature of similar
marks in use on similar goods; (7) the nature and extent of any actual confusion; (8) the length of
time during and conditions under which there has been concurrent use without evidence of actual
confusion; (9) the variety of goods on which a mark is or is not used; (10) the market interface
between applicant and the owner of the prior mark; (1 1) the extent to which applicant has a right
to exclude others from use of its mark on its goods; (12) the extent of potential confusion, i.e.,
whether de minimis or substantial; and (13) any other established fact probative of the effect of
use. In re E.I. DuPont DeNemours & C0., 476 F.2d 1357, 1361 (C.C.P.A. 1973).
In assessing the likelihood of confusion between two marks whose primary difference is
the transposition of elements, the key question is whether the transposition “creates a distinctly
different commercial impression.” T.M.E.P. § l207.01(b)(vii). Where a transposition evokes a
distinct commercial impression, “con?ision is not likely.” Id.
In this case, the Examining Attorney correctly identi?ed the similarity of the marks and
the similarity of the goods and services as key factors. However, other factors are also crucial to
understanding the distinction between Applicant’s Mark and the Registered Mark. These include
the conditions under which consumers purchase the goods and services, and the number and
nature of similar marks to the Registered Mark.
ARGUMENT
I. SAFEDATE Creates A Distinct Commercial Impression From DATESAFE.
In reviewing the marks SAFEDATE and DATESAF E, the Examining Attorney relied on
the fact that the Applicant’s Mark and the Registered Mark are the “same words transposed,” and
concluded that the “marks create a highly similar commercial impression,” because “[c]onsumers
will interpret both marks as suggesting that the goods and services allow the user to date safely.”
In fact, however, this is a case in which the reversal of terms conveys a distinctly different
commercial impression. See T.M.E.P. § 1207.01(b)(vii) (stating that confusion is not likely
where the transposition creates a “distinctly different commercial impression”). Speci?cally, by
avoiding the more common and natural order of terms — “date safe” — Applicant’s Mark puts the
focus on the security of its web-based application, and suggests to the consumer that its goods
will provide both a secure way to interact with potential partner, and the peace of mind of
knowing that the potential partner is in fact who he or she says.
As an initial matter, the ?rst portion of each mark is generally the dominant element in a
mark, and is the “most likely to be impressed upon the mind of a purchaser and remembered.”
Presto Prods. Inc. v. Nice-Pak Prods. Inc., 9 U.S.P.Q.2d 1895 (T.T.A.B. 1988). Unlike the
Registered Mark, which suggests simply that the private investigation services offered by
Registrant will allow the consumer to “date safely,” Applicant’s use of SAFE as the dominant
element in its mark conveys a distinct focus on the security of its goods — a web application.
Speci?cally, Applicant’s emphasis on SAFE suggests two aspects of the goods: ?rst, that those
who use the application will have a safe dating experience; second, that the application itself
provides a secure means by which to connect with potential dating partners. Using SAFE as the
dominant element in the mark emphasizes this focus, and informs the consumer of the purpose of
the goods. On the other hand, the use of DATE as the dominant portion of the Registered Mark
for the Registrant’s services suggests only that the service will allow the consumer to date safely,
which is a different and therefore distinct message and commercial impression.
Second, this is a case in which the transposition of terms, when applied to the speci?c
goods and services at issue, projects a different meaning. See In re Sears, Roebuck & Co., 2,
U.S.P.Q.2d 1312 (T.T.A.B. 1987). In Sears, the Board concluded that the mark CROSS-OVER
applied to brassieres was not likely to be confused with CROSSOVER applied to ladies’
sportswear. The Board reasoned that CROSS-OVER for brassieres suggested the construction of
the bras, while CROSSOVER conveyed no such meaning. So too here. The dominant element in
SAFEDATE is suggestive of a feature of the goods—“secure communication”—in addition to
conveying that use of the application will result in a safe dating experience. DATESAFE does
not convey such a double entendre meaning (and cannot, given that the Registered Mark is for
“[p]rivate investigation services,” rather than an interactive web application).
In short, Applicant’s Mark, far from creating a “highly similar commercial impression” to
the Registered Mark, in fact creates a distinctly different commercial impression. By using
SAFE as the dominant element of the mark, Applicant suggests the security of the web
application and communication platform, as well as the safety of the interactions that take place
through it. The Registered Mark does not create that impression. Moreover, Applicant’s mark,
when applied to its services, has a different meaning from that conveyed by the Registered Mark.
Accordingly, Applicant’s Mark is not likely to be confused with the Registered Mark, and
Applicant’s Mark should proceed to registration.
II. The Applied-For Services Are Distinct From the DATESAFE Services.
The Examining Attorney concluded that the “goods and services are closely related,” thus
resulting in a likelihood that consumers would be confused. Applicant respectfully disagrees.
To the extent the Examining Attorney relied on the fact that Applicant’s goods and
Registrant’s services are broadly directed to the “dating community,” that is not a suf?cient
ground for concluding that the goods and services are related. See In re White Rock Distilleries
Inc., 92 U.S.P.Q.2d 1282 (T.T.A.B. 2009) (holding that although wine and caffeine-in?ised
vodka were both broadly directed to “persons of legal drinking age,” there was no evidence that
the goods typically “emanate from a single source under a single mark”). Rather, the question is
whether relevant members of the consuming public would “believe that the two products
emanate from a single source.” Shen Mfg. Co. v. Ritz Hotel, Ltd, 393 F.3d 1238, 1245 (Fed. Cir.
2004) (holding gloves and barbeque mitts are not related services). Here, that is unlikely.
Applicant applies its Mark solely to Class 9 goods — downloadable software in the nature
of “a web based and mobile application.” True to the description in the application, Applicant’s
goods allow a user to interactively verify his or her own background (to convey to potential
dating partners that he or she is who he or she says) or the background of potential dating
partners. The SAFEDATE application further allows potential dating partners to engage in
“secure communication” with one another, including through the use of secure video and voice
chat. The result is an integrated and innovative platform for consumers to safely and securely
interact with potential dating partners, while at the same time having the peace of mind that
comes with having verified the potential partner’s identity and background.
In stark contrast, the Registered Mark is registered solely in Class 45 for traditional
“[p]rivate investigation services; background investigation services, namely, background check,
screening, and personal veri?cation services.” Unlike an integrated online communication
platform, traditional background check services involve simply the consumer’s selection of a
target to investigate and the performance of an investigation by the Registrant. Thus, rather than
an interactive process, the services described in the Registration involve only one party to the
potential dating relationship. To the extent it is appropriate to consider the evidence attached to
the Of?ce Action, as well as Registrant’s actual use, that evidence makes clear that Registrant’s
services function in the traditional manner described in the Registration. Registrant’s website
offers an order form requesting “Subject Information” And the levels of service demonstrate that
the packages are geared toward the one-sided nature of a traditional background check—a
consumer is not likely to want a potential dating partner to discover that he has ordered a “Gold
Diggers Package” to investigate her. (See Exhibit B, Website and Order Form (both websites
visited August 21, 2015).)
Thus, this case involves the comparison between an interactive, integrated platform for
potential dating partners to verify identities and securely communicate with one another, and the
traditional private investigation services offered by Registrant. Given the distinct needs met by
each, as described above, in this context “no reasonable person would mistakenly ?nd a product
in the course of looking for a service; neither is the reverse possible.” In re Best Prods. Co. 231
U.S.P.Q. 988 (T.T.A.B. 1986) (?nding no likelihood of confusion between BEST JEWELRY for
jewelry store services and JEWELERS’ BEST for bracelets). Consumers looking for an
interactive product with which to communicate with potential dating partners will not go looking
for traditional background investigation services, nor will someone interested in traditional
background check services be satis?ed with an interactive application. The Examining Attorney
has not provided any evidence to the contrary. See In re Coors Brewing Co., 343 F.3d 1340,
1346 (Fed. Cir. 2003) (?nding no likelihood of confusion between BLUE MOON for beer and
BLUE MOON for restaurant services where Examining Attorney provided insuf?cient evidence
that consumers viewed such goods and services as typically offered under similar marks).
III. Other Factors Support The Conclusion That There Is No Likelihood of Confusion.
Although the Examining Attorney did not consider the remainder of the DuPont factors,
two are particularly pertinent here, and support the registrability of Applicant’s Mark: the care
with which consumers of online dating goods and services act, and the number and nature of
similar marks in use on similar goods and services. Application ofE1. DuPont DeNemours &
Co., 476 F.2d 1357, 1361 (C.C.P.A. 1973). Speci?cally, consumers of online goods and services
related to dating must sort through a crowded ?eld, and are thus likely to distinguish one website
from another with particular care. Moreover, many of these sites use the word “Date” as part of
their name, which further conditions the consumer to look to the existence and placement of
other elements of the mark to distinguish between otherwise similar-looking marks.
There can be no doubt that the online dating market is crowded. By one estimate, from an
industry publication, there are “approximately 2,500 online dating sites in the United States and
more than 5,000 online dating services worldwide. a :2 Of these, countless include the word ‘date’
as a portion of their name. A non-exhaustive list would include:
date.com
speeddate.com
dateamillionaire.com
datemyschool.com
dateacougar.com
jdate.com
asiandatc.com
christiandate.com
(See Exhibits C through J, Screenshots of Third-Party Websites (all websites visited on August
21, 2015).) Beyond this, countless third-party registrations use DATE as a portion of a mark for
goods or services directed at the dating community. Indeed, use of DATE in connection with
background investigation services is also quite common, with at least six third-party registrations
in addition to the DATESAFE mark, and two other marks with Notices of Allowance. (See
Exhibits K through R, Copies of Third-Party Registrations and Notices of Allowance.) Indeed,
http://www.onlinedatingmaggzine.com/fag/howmanyon|inedatingsitesaretherehtml
(visited August 21, 2015.
DATESAFE for background investigation services has coexisted on the Principal Register and in
the marketplace with DATESMART for personal veri?cation services for almost a decade. (See
Exhibit S, DateSmart Website (visited August 21, 2015).)
This evidence of actual third-party use and multiple third-party registrations demonstrates
that consumers have been exposed to many dating-related services, including background
investigation services, that use a mark containing the element DATE as a source identi?er.
Accordingly, consumers will carefully distinguish between otherwise similar marks, and are
unlikely to be confused by the similarities between Applicant’s Mark and the Registered Mark.
See In re Hartz Hotel Servs., 102 U.S.P.Q.2d 1150 (T.T.A.B. 2012) (accepting website and third-
party registration evidence as indicating that consumers could “distinguish between different
GRAND HOTEL marks based on small differences in the marks”).
[Remainder of Page Intentionally Left Blank]
10
CONCLUSION
In light of the foregoing authority, Applicant respectfully requests that the Examining
Attorney withdraw her refusal to register Applicant’s Mark on likelihood of confusion grounds.
Under the circumstances, the transposition of terms creates a distinct commercial impression and
makes confusion unlikely. Just as importantly, Applicant’s Class 9 web-based application is
distinct from the Class 45 services provided under the Registered Mark, and consumers looking
for one are unlikely to ?nd the other, or think that the two emanate from a single source. Finally,
even if consumers in the broad “dating community” were to encounter both marks, they will
have been conditioned to understand that in the crowded ?eld of online dating goods and
services, they must distinguish between somewhat similar marks, particularly those that include
the word DATE. Accordingly, there is no likelihood of confusion and the SAFEDATE mark
should proceed to registration.
Dated: August 25, 2015 lTyler Marandola/
Tyler Marandola
BALLARD SPAHR LLP
1735 Market St., Slst Fl.
Philadelphia, PA 19103
Tel. (215) 864-8628
Fax (215) 864-8999
[email protected]
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DateSafe®
Subject Information
(Please complete as much infon’nation as possiblel
Name: Date of Birth/Approx Age:
Maiden/AKA: Social Security #:
Current Address: Gender:
Phone (H): Phone (W):
Employer/Occupation:
Additional Info:
Services Requested
El Bronze Package El Silver Package [II Gold Package
“Additional Searches
‘3 National Federal Criminal Records Check
E County-Level Criminal Records Check (per name/per county)
Name: County: State:

HI!
El County-Level Civil Records Search (per name/per county)
Name: County: State:
I: Marriage Records Name: State:
‘3 Divorce Records Name: State:
Disclaimer
All of our services are investigative, by nature. and subject to human error and/or data entry and therefore we make no warrantles or guarantees as to
the accuracy of the information we retrieve nor shall we be liable for any losses or injuries now or in the future resulting from or relating to the information
provided herein. lnforrnation is derived from databases and public records. In accordance with FCRA, any Information found may NOT be used for credit
granting, credit extension, eligibility for employment, or tenant screening purposes under any circumstance. Therefore. all services must be utilized for
legitimate, lead, and information purposes only. We have zero tolerance of any cilents misusing our senlices and/or misrepresenting themselves. We will
aggressively pursue criminal and legal action against anyone found to be utilizing our services for stalking or harassing purposes, as de?ned by existing
state and federal laws. There are no refunds once services are ordered. as searches are often commenced at the time of ordering. By signing the below,
I certify that I am at least 18 years old and have read and fully understand the lerrns of service pursuant to this Agreement.
Client
Name: Phone: Method of Delivery:
(fax oremail)
Fax: Email: Attn:
Address:
Signature: Date:
DateSafe®
A Division of Ekeholm and Associates, LLC
Post Of?ce Box 221
Alpharetta, Georgia 30009
(Phone): 677-219-0732 (Fax): BOO-7604361
State of Georgia Pl License #PDCOO1919
www.5creensafecheck.com
Credit CardAuthorization,
Name:
Address:
Phone:
Credit Card Information A ‘ k’
Name as it appears on card:
Type of card: El Visa El MasterCard El American Express
Ciedit Card #1 |_|_|_|_|_|_|_J_l_l_l_l_|_l_l_l_l Expiration Datei |_l_| / |_l_| CW # |_|_|_l_l
Credit Card Billing Address
I authorize Ekeholm and Associates. LLC to process a charge on the above account as payment for services rendered
and certify that I am the above cardholder and at least 18 years old:
Client Signature: Date:
*** Please Complete, Sign, Print, and fax [1.011 Pages to (800) 760-4361 “**
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Milan-Icth mmmmmhmmmmmmm.
mumm- mm m mliildl. hummu- mil “W” cm ems-n mpm mm. c
VIM WWIim-ll?-?“(Olw?wwwmcmmmhhT‘N’
mummy-m mmmwp?muymom Srpm?uhnkvlmnm —
m?‘y?lr‘ln?i‘
223277 mm: mm Ch?l?an am mm mm
‘ my ms r.)- ummmm Mam mwrnd mm a )erKa
MN?mw—H W
Int. CL: 42
Prior U.S. Cls.: 100 and 10]
Reg. No. 2,187,834
United States Patent and T r a d e m a r k Of f i c e Registered Sep.8, 1m
SERVICE MARK
PRINCIPAL REGISTER
D A T E S M A R T
NAIMIS H, C ARMEN (UNI TED H A T E S CITI- FIRST USE 5-1-1997;
ZEN) IN COMMERCE
PO. BOX I22 5-1-1997.
SANT BARBARA, CA 93I02
FOR: BAC K G SE R. NO. 75 ~3 75 .7 07 , FI LE D II I- 20 49 91 .
R O U ND VE RI FI CA TI ON S IN
THE FIELD O F PE RS ONA L RE LA TI ON SH IP S,
IN CLASS 42 (U.S. CLS. I!” AND 10]).
KIMBERLY PE RR Y, E X A M I N I N G A T T O R N E Y
MEHWHH H
IntCL: 45
Fri U.S. Cls.: 100 and 101
o’ Reg. No. 3,652,186
United States Patent and Trademark Of?ce Registered July 7,2009
SERVICE MARK
PRINCIPAL REGISTER
INSPECTADATE
IDIGANSWERS RESEARCH ASSOCIATES, INC. msT use 4.1.1009; IN COMMERCE 4.1.2009.
(FLORIDA CORPORATION)
4593 ARROWIND LANE THE MARK CONSIer 0F STANDARD CHAR-
JACKSONVILLE’ FL 32258 ACl’ERS WITHOUT CLAIM TO ANY PARTICULAR
FOR: PERSONAL BACKGROUND INVESTIGA- FONT’ STYLE SIZE’ 0R COLOR
TIONS; PROVIDING AN INTERACTIVE WEB SITE SN 77-430,085, FEED 3—M—2008.
THAT FACILITATES THE VERIFICATION OF A
PERSON’S BACKGROUND CREDENTIALS, IN
CLASS 45 (US. CLS. 100 AND 10]). ARETHA SOMERVILLE, HAMINING ATTORNEY
mN??w?H 2—
“whim; 5mm; of awe
mutter! states 38mm duh mrahemark @ffite
DATEFAXX
Reg. No. 4,096,977 TERRY, PHILLIP JAMES (UNITED STATES INDIVIDUAL)
. 2828 COCHRAN STREET, SUITE 435
RegIstered Feb. 7, 2012 SIMI VALLEY, CA 93055
Int. CL: 45 FOR: BACKGROUND INVESTIGATION SERVICES, IN CLASS 45 (us. CLS. 100AND 101).
FIRST USE 2442011; IN COMMERCE 214.201 1.
SERVICE MARK
THE MARK CONSISTS ()1: STANDARD CHARACTERS WITHOUT CLAIM To ANY PAR-
PRINCIPAL REGISTER TICULAR FONT, STYLE, SIZE, 0R COLOR.
SN 85-172,982, FILED 11-92010.
WON TEAK OH, EXAMINING ATIORNEY
Direuor um: UniIed 5141:: “11:11 Ind Twin-ml: of?ng
REQUIREMENTS T0 MAINTAIN YOUR FEDERAL
TRADEMARK REGISTRATION
WARNING: YOUR REGISTRATION WILL BE CANCELLED IF YOU DO NOT FILE THE
DOCUMENTS BELOW DURING THE SPECIFIED TIME PERIODS.
Requirements in the First Ten Years“
What and When to File:
First Filing Deadline: You must ?le a Declaration of Use (or Excusable Nonuse) between the
5th and 6th years after the registration date. See 15 U.S.C. §§1058, 1141k. Ifthe declaration is
accepted, the registration will continue in force for the remainder of the ten-year period, calculated
from the registration date, unless cancelled by an order ofthe Commissioner for Trademarks or a
federal court.
Second Filing Deadline: You must ?le a Declaration of Use (or Excusable Nonuse) and an
Application for Renewal between the 9th and 10th years after the registration date.’
See 15 U.S.C. §1059.
Requirements in Successive Ten-Year Period?
What and When to File:
You must ?le a Declaration ofUse (or Excusable Nonuse) and an Application for Renewal between
every 9th and 10th-year period, calculated from the registration date.*
Grace Period Filings*
The above documents will be accepted as timely if ?led within six months a?er the deadle listed above
with the payment of an additional fee.
The United States Patent and Trademark Of?ce (USPTO) will NOT send you any future notice or
reminder of these ?ling requirements.
*A’ITENTION MADRID PROTOCOL REGISTRANTS: The holder ofan international registration with
an extension of protection to the United Smtes under the Madrid Protocol must timely ?le the Declarations
of Use (or Excusable Nonuse) referenced above directly with the USPTO. The time periods for ?ling are
based on the US. registration date (not the international registration date). The deadlines and grace periods
for the Declarations of Use (or Excusable Nonuse) are identical to those for nationally issued registrations.
See 15 U.S.C. §§1058, 1 141k. However, owners ofinternational registrations do not ?le renewal applications
at the USP’I‘O. Instead, the holder must ?le a renewal of the underlying international registration at the
International Bureau of the World Intellectual Property Organimtion, under Article 7 of the Madrid Protocol,
before the expiration of each ten-year term of protection, calculated from the date of the international
registration. See 15 U.S.C. §1141j. For more information and renewal forms for the international registration,
see l’ntpz/lwww.wipo.int/madrid/en/.
NOTE: Fees and requirements for maintaining registrations are subject to change. Please check the
USPTO website for further in?rmation. With the exception of renewal applications for registered
extensions of protection, you can ?le the registration maintenance documents referenced above online
at http://www.ilsptogov.
Page: 2 / RN # 4,096,977
waning—1 2
(63mm 9wth of Qmer
(a? Mattel: States! 33mm ant: (Erahemark @ttice
DateRoulette
Reg. No. 4,197,153 KUPELIANALEXANDER H. (UNITED STATES INDIVIDUAL), DBA DATEROU’LE’I’TECOM
27 BENNETT ROAD
Registered Aug. 28, 2012 WATERTOWN, MA 02472
Int. CL: 45 FOR: BACKGROUND INVESTIGATION AND RESEARCH SERVICES; BACKGROUND IN-
VESTIGATION SERVICES; COMPUTER DATING SERVICES; DATING SERVICES; DATING
SERVICES, NAMELY, PROVIDING AN ON-LINE COWUTER DATABASE F EATURINO
SERVICE MARK SINGLE PEOPLE INTERESTED IN MEETING CIT-ER SINGLE PEOPLE; ESCORT SERVICES;
INTERMENT SERVICES; INTERNET BASED SOCIAL NETWORKING, INTRODUCTION,
PRINCIPAL REGISTER AND DATING SERVICES; INTERNET-BASED DATING, SOCIAL INTRODUCTION AND
SOCIAL NETWORKING SERVICES; INTERNETBASED SOCIAL NETWORKING SHIVICES;
MARRIAGE PARTNER INTRODUCTION OR DATING SERVICES; MATCHMAKING SER-
VICES; ON—LINE GAY, LESBIAN AND BISFJIUAL SOCIAL NETWORKING SERVICES;
ON-LINE IDENTITY RELIABILITY INVESTIGATION IN THE FIELD OF ON-LINE DATING
AND CLAIMS MADEABOUTAGE, GENDHL’ ON-LINESOCIAL NETWORKING SERVICES;
PROVIDING A WEB SITE FEATURING INFORMATION AND CONTENT IN THE FIELDS
OF PERSONAL RELATIONSHIPS, DATING AND FASHION; SOCIAL INTRODUCTION
AGENCIES; VIDEO DATING SERVICES; WEB SITE SERVICES FEATURING ON-LINE
DATING CLUB, IN CLASS 45 (US. CLS. III) AND 10]).
FIRST USE I 1-19-2009; IN COWERCE 2-22—20I0.
THE MARK CONSISTS 0F STANDARD CHARACTERS WITHOUT CLAIM TO ANY PAR-
TICULAR FONT, STYLE, SIZE, OR COLOR
SER NO. Eli-408,79], FILED 8-26-2011.
GEORGE DORENZO, EXAMINING ATIURNEY
Dismanhe Unimi Sales Flinn mi Tndnm?s O?‘wr
REQUIREMENTS TO MAINTAIN YOUR FEDERAL
TRADEMARK REGISTRATION
WARNING: YOUR REGISTRATION WILL BE CANCELLED IF YOU DO NUI‘ FILE TI-[E
DOCUMENTS BELOW DURING THE SPECIFIED TIME PERIODS.
Requiremennr in the First Ten Years“
What and When to File:
First Filing Deadline: You must ?le a Declaration of Use (or Excusable Nonuse) between the
5th and 6th years a?er the registration date. See 15 U.S.C. §§1058, 11411:. If the declaration is
accepted, the registration will continue in force for the remainder ofthe ten-yearpen‘od, calculated
from the registration date, unless cancelled by an order of the Commissioner for Trademarks or a
federal court.
Swand Filing Deadline: You must ?le a Declaration ofUse (or Excusable Nonuse) and an
Application for Renewal between the 9th and 1011! years after the registration dale.*
See 15 U.S.C. §1059.
Requirements in Successive Ten—Year Periods”
What and When to File:
You must ?le a Declaration ofUse (or Excusable Nonuse) and an Application for Renewal between
every 9th and 10th-year period, calculated from the registration date.‘
Grace Period Filings*
The above documents will be accepted as timely if ?led within six months after the deadlines listed above
with the payment of an additional fee.
The United States Patent and “ademark O?ice (USPTO) will NOT send you any future notice or
reminder of these ?ling requirements.
*A’ITENTION MADRID PROTOCOL REGISTRANTS: The holder of an international registration with
an extension of protection to the United States under the Madrid Protocol must timely ?le the Declarations
of Use (or Excusable Nonuse) referenced above directly with the USP’IO. The time periods for ?ling are
based on the U.S. registration date (not the international registration date). The deadlines and grace periods
for the Declarations of Use (or Excusable Nonuse) are identical to those for nationally issued registrations,
See 15 U.S.C. §§ 1058, 1 141k. However, owners of international registrations do not ?le renewal applications
at the USP’ID. Instead, the holder must ?le a renewal of the underlying intemational registration at the
International Bureau of the World Intellectual Property Organization, under Article 7 ofthe Madrid Protocol,
before the expiration of each ten-year term of protection, calculated from the date of the international
registration See 15 U.S.C. § 1141j. For more information and renewal forms for the international registration,
see lntpd/wwwwipant/madrid/en?
NOTE: Fees and requirements for maintaining registrations are subject to change. Please check the
USPTO website for further information. With the exception of renewal application: for registered
extensions of protection, you can ?le the registration maintenance documents referenced above online
at http://wwwusptogov.
Page: 2 / RN # 4,197,153
ENE—“WE; O
(“Emma 5mm; of Qwerth
mutter! State! iBateut duh ULrahemark ®?it2
iDateAsia
Reg. No. 4,489,260 ASIA MARITUS LIMITED (MARSHALL ISLANDS LIMlTED COMPANY (LTD.))
TRUST COMPANY COMPLEX
Registered Feb. 25, 2014 AJELTAKE ROAD,A.TELTAKE ISLAND
MAIURO, MARSHALL ISLANDS
Int. CL: 45
FOR: ARRANGING AND CONDUCTING GIFT EXCHANGE PROGRAMS; CONSULTWG
m THE FIELD OF PERSONAL RELATIONSHIPS; ESCORT SERVICES; INTERNET-BASED
SERVICE MARK DATNG, SOCIAL INTRODUCTIONAND SOCIAL NETWORKING SERVICES; MARRIAGE
BUREAUS’, ON-LINE IDENTITY RELIABILITY INVESTIGATION IN THE FIELD OF ON-
PRINCIPAL REGISTER LINE DATING AND CLAIMS MADE ABOUT AGE, GENDER; PERSONAL BACKGROUND
INVESTIGATIONS; PROVIDINGA WEB SITE FEATURING INFORMATIONAND COW
IN “IT-HE FIELDS OF PERSONAL RELATIONSHIPS, DATING AND FASHION; PROVIDING
FACILITIES FOR WEDDING CEREMONIES’, CHAPERONTNG; DATNG SERVICES; MAR-
RIAGE COUNSELING; MATCHMAKING SERVICES; PERSONAL GIFT SELECTION FOR
OTHERS, INCLASS 4S (U.S. CLS. IOOAN’D 101).
FEST USE 10-10-1998; IN COMMERCE l1-10-2012.
THE MARK CONSISTS OF THE STYLIZED WORDING “IDATEASIA”.
SN 85-741,890, FILED 9-28-2012.
DANNEAN HETZEL, EXAIVHNmG ATTORNEY
Deputy Dlreclor of the United Slam
Pm! and Manual: Of?ce
REQUIREMENTS TO MAINTAIN YOUR FEDERAL
TRADEMARK REGISTRATION
WARNING: YOUR REGISTRATION WILL BE CANCELLED IF YOU DO NOT FILE THE
DOCUMENTS BELOW DURING THE SPECIFIED TIME PERIODS.
Requirements in the First Ten Years’‘
What and When to File:
First Hiring Deae?iue: You must ?le a Declaration of Use (or Excusable Normse) betweenthe
5th and 6th years after the registration date. See 15 U.S.C. §§1058, ll41k. Ifthe declaration is
accepted, the registran‘on will continue inforee forthe remainder ofthe ten-yearperiod, calculated
from the registration date, unless cancelled by an order of the Commissioner for Trademarks or a
federal court
Second Filing Deadline: You must ?le a Declaration of Use (or Estable Nonuse) and an
Application for Renewal between the 9th and 10th years after the registration date”
See 15 U.S.C. §1059.
Requirements in Successive lien-Year Periods”
What and When to File:
You must ?le a Declaration of Use (or Excusable Nonuse) and anApplicationfor Renewal between
every 9th and lOth-year period, calculated from the registration date.*
Grace Period Filings”
The above documents will be accepted as timely if ?led within six months after the deadlines listed above
with the payment of an additional fee.
The United States Patent and Trademark Of?ce (USPTO) will NOT send you any future notice or
reminder of these ?ling requirements.
‘A’ITENTION MADRID PROTOCOL REGISTRANTS: The holder of an international registrationwith
an extension of protection to the United States under the Madrid Protocol must timely ?le the Declarations
of Use (or Exeusable Nonuse) referenced above directly with the USP’I‘O. The time periods for ?ling are
based on the US. registration date (not the international registration date). The deadlines and grace periods
for the Declarations of Use (or Excusable Nonuse) are identical to tlmse for nationally issued registrations.
See 15 U. 8.0 §§1058, 1141k. However, owners of international registrations do not ?le renewal applications
at the USPTO. Instead, the holder must ?le a renewal of the underlying international registration at the
International Bureau of the Wodd Intellectual Property Organimtion, underArticle 7 of the Madrid Protocol,
before the expiration of each ten-year term of protection, calculated from the date of the international
registration See 15 U.S.C. §1 141}. For more informationand renewal forms forthe international registration,
see http://www.wipo.im/rnadr’ldlen/.
NOTE: Fees and requirements for maintaining registration are subject to change. Please check the
USPTO wehsite for further information. With the uception of renewal applications for registered
extensions of protection, you can ?le the registration maintenance documents referenced above nnline
at lutpzllwwwusptogov.
Page: 2 I RN # 4,489,260
Hanan—wad m.
(63mm; gates of gmB r i t a
with mates 38mm anti Erahemark @?ite
CHARMDATE
Reg. No. 4,568,962 ASIA MARITUS LIMITED (MARSHALL ISLANDS LIMITED COMPANY (LTD.))
TRUST COMPANY COMPLH
Registered July 15, 2014 AJELTAKE ROAD,AJELTAKE ISLAND
MAJURO, MARSHALL ISLANDS
Int. CL: 45
FOR: ARRANGING AND CONDUCTING GIFT EXCHANGE PROGRAMS; CHAPERONDIG;
CONSULTDIG IN THE FIELD OF PERSONAL RELATIONSHIPS; DATING SERVICES; ES-
SERVICE MARK CORT SERVICES; H‘ITERNET-BASED DATING, SOCIAL INTRODUCTION AND SOCIAL
NETWORKING SERVICES; MARRIAGE BUREAUS; MARRIAGE COUNSELING; MATCH-
PRINCIPAL REGISTER MAKING SERVICES; ON-LINE IDENTITY RELIABILITY INVESTIGATION IN THE FIELD
OF ON-LINE DATING AND CLAIMS MADE ABOUT AGE, GENDER; PERSONAL BACK-
GROUND INVESTIGATIONS; PERSONAL GIFT SELECTION FOR OTHERS; PROVIDING
A WEB SITE FEATURING MORMATIONAND CONTENT IN THEFHELDS OF PERSONAL
RELATIONSHIPS, DATmG AND FASHION; PROVIDING FACHJ’ITES FOR WEDDING
CEREMONIES, IN CLASS 45 (US. CLS. IOOAND 101).
FIRST USE 3-15-2014; IN COIVIMERCE 3—15-2014.
THE MARK CONSISTS OF THE STYLIZED WORDIING “CHARMDATE”.
SN 85-741,875, FILED 9-28-2012.
DANNEAN I-IETZEL, EXAMINING ATTORNEY
Deputy Director at the Un?ul Sm“
Paint and Tndelnll’ll Oflke
REQUIREMENTS TO MAINTAIN YOUR FEDERAL
TRADEMARK REGISTRATION
WARNING: YOUR REGISTRATION WILL BE CANCELLED IF YOU DO NOT FILE TEE
DOCUMENTS BELOW DURING THE SPECIFIED TM PERIODS.
Requirements in the First Ten Years“
What and When to File:
First Filing Deadline: You must ?le a Declaration ofUse (or Excusable Nomrse) between the
5th and 61h years after the registration date. See 15 U.S.C. §§1058, 1 141k. Ifthe declaration is
accepted, the registration will continue in force for the remainder ofthe ten-yearperiod, calculated
from the registration date, unless cancelled by an order ofthe Commissioner for Trademarks or a
federal court.
Second filing Deadline: You must ?le a Declaration of Use (or Exeusable Normse) and an
Application for Renewal between the 9th and mm years after the registration date.*
See 15 U.S.C. §1059.
Requirements in Successive Thu-Year Periods”
What and When to File:
You nurst?le a Declaration ofUse (or Excusable Nonuse) and anApplicationfor Renewal between
every 9th and lOth-year period, calculated from the registration date.‘
Grace Period Filings”
The above documents will be accepted as tirnely if ?led within six months after the deadlines listed above
with the payment of an additional fee.
The United States Patent and ‘Iiademark Of?ce (USPTO) will NOT send you any future notice or
reminder of these ?ling requirements.
“ATTENTION MADRID PROTOCOL REGISTRANTS: The holder of an international registration with
an extension of protection to the United States under the Madrid Protocol rrnrst timely ?le the Declarations
of Use (or Excusable Nomrse) referenced above directly with the USPTO. The time periods for ?ling are
based on the U. S. registration date (not the international registration date). The deadlines and grace periods
for the Declarations of Use (or Exeusable Nonuse) are identical to those for nationally issued registrations.
See 15 U.S.C. §§1058, ll41k. However, owners ofintemational registrations do not ?le renewal applications
at the USPTO. instead, the holder must ?le a renewal of the underlying international registration at the
International Bureau of the World Intellectual Property Organimtion, underArtiele 7 of the Madrid Protocol,
before the expiration of each ten-year term of protection, calculated from the date of the international
registration. See 15 U.S.C. §1 1411’. For more inforrmnionarll renewal forms forth-3 international registration,
see ltttp://www.wipo.int/madridlen/.
NOTE: Fm and requirements for maintaining registrations are subject to change Please check the
USPTO website for further information. With the exception of renewal applications for registered
extensions of protection, you can ?le the registration maintenance documents referenced above online
at http://www.uspto.gov.
Page: 2 IRN # 4,568,962
Emin o
From: [email protected]
Sent: Tuesday, September 4, 2012 00:04 AM
To: [email protected]?rm.com
Subject: Trademark Serial Number 85367430: Of?cial USPTO Notice of Allowance
NOTICE OF ALLOWANCE (NOA)
ISSUE DATE: Sep 4, 2012
Serial Number: 85367430
Mark: SCOPEYOURDATE.COM(STYLIZED/DESIGN)
Docket/Reference Number:
No opposition was ?led for this published application. The issue date of this NOA establishes the due date for the
?ling of a Statement of Use (SOU) or a Request for Extension of Time to ?le a Statement of Use (Extension Request).
WARNING: An SOU that meets aII legal requirements must be ?led before a registration certi?cate can Issue. Please
read below for Important information regarding the applicant’s pending six (6) month deadline.
SIX (6)-MONTH DEADLINE: Applicant has six (8) MONTHS from the NOA issue date to ?le either:
– An SOU, If the applicant is using the mark in commerce (required even if the applicant was using the mark at the time of
?ling the application. if use basis was not speci?ed originally); OR
– An Extension Request, if the applicant is not yet using the mark in commerce. If an Extension Request is ?led. a new
request must be ?led every six (6) months until the SOU is ?led. The applicant may ?le a total of ?ve (5) extension
requests. WARNING: An SOU may not be ?led more than thirty-six (36) months from when the NOA issued. The
deadline for ?ling is always calculated from the issue date of the NOA.
How to ?le SOU and/or Extension Request:
Use the Trademark Electronic Application System (TEAS). Do NOT reply to this e—mail, as e-mailed ?lings will NOT be
processed. Both the SOU and Extension Request have many legal requirements, including fees and veri?ed statements;
therefore. please use the USPTO forms available online at h :l/www.us to. ov/teas?ndexhtml (under the “INTENT-TO—USE
(ITU) FORMS” category) to avoid the possible omission of required information, If you have questions about this notice, please
contact the Trademark Assistance Center at 1-800-786-9199.
For information on how to (1) divide an application; (2) delete goods/services (or entire class) with a Section 1(b) basis; or (3)
change ?ling basis, see htt ://www.us to. ov/trademarks/basics/Morelnfo SOU EXTIs .
FAILURE TO FILE A REQUIRED DOCUMENT OUTLINED ABOVE DURING THE APPROPRIATE TIME PERIOD WILL
RESULT IN THE ABANDONMENT OF 11-IIS APPLICATION.
REVIEW APPLICATION INFORMATION FOR ACCURACY
If you believe this NOA should not have issued or correction of the information shown below is needed, you must submit a
request to the lntent—to-Use Unit. Please use the “Post-Publication Amendment” form under the “POST-PUBLICATION/POST
NOTICE OF ALLOWANCE (NOA) FORMS” category, available at htt :llwww.us to. ov/teas?ndex.html. Do NOT reply to this
e—mail, as e-mailed ?lings will NOT be processed.
Serial Number: 85367430
Mark: SCOPEYOURDATE.COM(STYLIZEDIDESIGN)
DocketIReference Number:
Owner: Blanchard, Tayarisha J
3455 Woodbine Place
Pearland . TEXAS 77584
Correspondence Address: Christopher J. Day
Law Of?ce of Christopher Day
Suite 155
9977 North 90th Street
Scottsdale AZ 85258
This application has the following bases, but not necessarily for all listed goodslservices:
Section 1(a): No Section 1(b): YES Section 44(e): N0
GOODSISERVICES BY INTERNATIONAL CLASS
009 – Electronic books on dating safely by conducting your own background checks —- FIRST USE DATE: NONE; — USE
IN COMMERCE DATE: NONE
ALL OF THE GOODSISERVICES IN EACH CLASS ARE LISTED.
Fraudulent statements may result in registration being cancelled: Applicants must ensure that statements made in ?lings
to the USPTO are accurate, as inaccuracies may result in the cancellation of any issued trademark registration. The lack of a
bona ?de intention to use the mark with ALL goods and/or services listed in an application or the lack of actual use on all goods
and/or services for which use is claimed could jeopardii} the validity of the registration, possibly resulting in its cancellation.
Additional information: For information on ?ling and maintenance requirements for US. trademark applications and
registrations and required fees, please consult the USPTO website at www.uspto.gov or call the Trademark Assistance Center
at 1-800-786-9199.
Checking status: To check the status of an application, go to htt :lltarr.us to. ov. Please check the status of any application
at least every three (3) months after the application ?ling date.
To view this notice and other documents for this application on-line, go to h :l/tdr.us to. ov/searchactionEisnEB5367430.
NOTE: This notice will only be available on-Iine the next business day after receipt of this e—mail.
Human—wad W
From: [email protected]
Sent: Tuesday, May 19, 2015 00:09 AM
To: [email protected]
Subject: Of?cial USPTO Notice of Allowance; U.S. Trademark SN 86413707: DONE! LET STUPIDITY WREC 1
YOUR CUPlDlTY. etc.: Docket/Reference No. 97255
NOTICE OF ALLOWANCE (NOA)
ISSUE DATE: May 19. 2015
Serial Number: 86413707
Mark: DONEII LET STUPIDITY WREC r YOUR CUPlDlTY. etc.
Docket/Reference Number: 97255
No opposition was ?led for this published application. The Issue date of this NOA establishes the due date for the
?ling of a Statement of Use (SOU) or a Request for Extension of Time to ?le a Statement of Use (Extension Request).
WARNING: An SOU that meets all legal requirements must be ?led before a registration certi?cate can issue. Please
read below for important information regarding the applicant’s pending six (8) month deadline.
SIX (6)-MONTH DEADLINE: Applicant has six (6) MONTHS from the NOA issue date to ?le either:
— An SOU, if the applicant is using the mark in commerce (required even if the applicant was using the mark atthe time of
?ling the application, if use basis was not speci?ed originally); OR
– An Extension Request. if the applicant is not yet using the mark in commerce. if an Extension Request is ?led, a new
request must be ?led every six (6) months until the SOU is ?led. The applicant may ?le a total of ?ve (5) extension
requests. WARNING: An SOU may not be ?led more than thirty-six (36) months from when the NOA issued. The
deadline for ?ling is always calculated from the issue date of the NOA.
How to ?le SOU and/or Extension Request:
Use the Trademark Electronic Application System (TEAS). Do NOT reply to this e-mail, as e—mailed ?lings will NOT be
processed. Both the SOU and Extension Request have many legal requirements, including fees and veri?ed statements;
therefore, please use the USPTO forms available online at h :l/www.us to. ov/teas?ndex.html (under the “lNTENT—TO-USE
(lTU) FORMS” category) to avoid the possible omission of required information. if you have questions about this notice, please
contact the Trademark Assistance Center at 1 -800-786-9199.
For information on how to (1 ) divide an application; (2) delete goods/services (or entire class) with a Section 103) basis; or (3)
change ?ling basis, see htt ://www.us to. ovltrademamslbasics/Morelnfo SOU EXT.’s .
FAILURE TO FILE A REQUIRED DOCUMENT OUTLINED ABOVE DURING THE APPROPRIATE TIME PERIOD WILL
RESULT IN THE ABANDONMENT OF THIS APPLICATION.
REVIEW APPLICATION INFORMA110N FOR ACCURACY
if you believe this NOA should not have issued or correction of the information shown below is needed, you must submit a
request to the lntent-to—Use Unit. Please use the “Post-Publication Amendment“ form under the “POST-PUBLICATION/POST
NOTICE OF ALLOWANCE (NOA) FORMS” category, available at h :llwww.us to. ov/teas?ndex.html. Do NOT reply to this
e-mail, as e-rnailed ?lings will NOT be processed.
Serial Number: 86413707
Mark: DONEI LET STUPIDITY WREC YOUR CUPlDlTY. etc.
DocketIReference Number: 97255
Owner: De Landa, Alfonso
426 Date Palm Drive
Lake Park. FLORIDA 33403
Correspondence Address: RAJ ABLYANLER
RAJ ABEYANLER, P.C.
1560 W EL CAMINO REAL STE 8
MOUNTAIN VIEW, CA 94040-2462
This application has the following bases, but not necessarily for all listed goodslservicee:
Section 1(a): N0 Section 1(b): YES Section 44(e): N0
GOODS/SERVICES BY INTERNATIONAL CLASS
045 – Dating services: On-line identity rel‘ bility investigation in the ?eld of on-Iine dating and claims made about age,
gender; Internet-based dating. introduction and social networking services; dating services with full
background and employment veri?cation – FIRST USE DATE: NONE; – USE IN COMMERCE DATE: NONE
ALL OF THE GOODS/SERVICES IN EACH CLASS ARE LISTED.
Fraudulent shtaments may result in registration being cancelled: Applicants must ensure that statements made in ?lings
to the USPTO are accurate, as inaccuracies may result in the cancellation of any issued trademark registration. The lack of a
bona ?de intention to use the mark with ALL goods and/or services listed in an application or the lack of actual use on all goods
and/or services for which use is claimed could jeopardiEe the validity of the registration, possibly resulting in its cancellation.
Addltlonal information: For information on ?ling and maintenance requirements for US. trademark applications and
registrations and required fees, please consult the USPTO website at www.usgto.gov or call the Trademark Assistance Center
at 1-800—786-9199.
Checking shtus: To check the status of an application, go to htl :l/tarr.us to. ov. Please check the status of any application
at least every three (3) months after the application ?ling date.
To view this notice and other documents for this application on-line, go to h :/Itdr.us to. ov/searchactionmnE66413707.
NOTE: This notice will only be available on—line the next business day after receipt of this e—mail.
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