Response to Office Action

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 1957 (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 1957 (Rev 10/2011)

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

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 87743568 INSIGNIA(Standard Characters, see http://uspto.report/TM/87743568/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

In the Office Action issued on April 30, 2018, the Examining Attorney stated that the wording “providing an online service featuring information in the area of dating, personal relationships and social introduction” in the identification of Class 45 services is indefinite and must be clarified because it does not make clear the nature of the services.  Applicant believes the description is acceptable, as Registration No. 5050352 issued for its ZOOSK (and Design) mark for the same description of “online services”.

In view of the above, Applicant respectfully requests that the Examining Attorney withdraw the citation and approve the application for publication.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Downloadable computer and mobile application software for use in posting, transmitting, retrieving, accessing, receiving, reviewing, organizing, searching and managing text, audio, video, photographs, data, visual and multimedia data, information and content; downloadable computer and mobile application software for online introduction, matchmaking, dating and social networking services; software for use in soliciting feedback; downloadable computer and mobile application software that enables users to send status updates and to share content and electronic files with others; computer software for calculating, mapping, transmitting and reporting information relating to the location, movement, proximity, departure and arrival of individuals and objects; software; downloadable computer and mobile application software for use by members and veterans of the United States Military and other members of the armed forces to verify their military status and receive a digital badge certifying such status, and to enable others to conduct electronic searches of such badges and military status
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Downloadable computer and mobile application software for use in posting, transmitting, retrieving, accessing, receiving, reviewing, organizing, searching and managing text, audio, video, photographs, data, visual and multimedia data, information and content; Downloadable computer and mobile application software for online introduction, matchmaking, dating and social networking services; software for use in soliciting feedback; downloadable computer and mobile application software that enables users to send status updates and to share content and electronic files with others; computer software for calculating, mapping, transmitting and reporting information relating to the location, movement, proximity, departure and arrival of individuals and objects; downloadable computer and mobile application software for use by members and veterans of the United States Military and other members of the armed forces to verify their military status and receive a digital badge certifying such status, and to enable others to conduct electronic searches of such badges and military status; softwareClass 009 for Downloadable computer and mobile application software for online introduction, matchmaking, dating and social networking services; software for use in soliciting feedback; downloadable computer and mobile application software that enables users to send status updates and to share content and electronic files with others; computer software for calculating, mapping, transmitting and reporting information relating to the location, movement, proximity, departure and arrival of individuals and objects; downloadable computer and mobile application software for use by members and veterans of the United States Military and other members of the armed forces to verify their military status and receive a digital badge certifying such status, and to enable others to conduct electronic searches of such badges and military status
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Providing temporary use of nondownloadable software for use in posting, transmitting, retrieving, accessing, receiving, reviewing, sharing, organizing, searching and managing text, audio, data, visual and multimedia data, information and content; providing temporary use of nondownloadable software for online introduction, dating and social networking services; providing temporary use of nondownloadable software for use in soliciting feedback; providing temporary use of nondownloadable software that enables users to send status updates and to share content and electronic files with others; computer services, namely, technology for use by members and veterans of the United States Military and other members of the armed forces to verify their military status and receive a digital badge certifying such status, and to enable others to conduct electronic searches of such badges and military status; verification services, namely, providing user identity services
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Providing temporary use of nondownloadable software for use in posting, transmitting, retrieving, accessing, receiving, reviewing, sharing, organizing, searching and managing text, audio, data, visual and multimedia data, information and content; Providing temporary use of nondownloadable software for online introduction, dating and social networking services; providing temporary use of nondownloadable software for use in soliciting feedback; providing temporary use of nondownloadable software that enables users to send dating and social networking status updates and to share content related to dating and social networking and electronic files with others; providing temporary use of nondownloadable software that enables users to send status updates and to share content and electronic files with others; computer services, namely, providing an interactive website featuring technology for use by members and veterans of the United States Military and other members of the armed forces to verify their military status and receive a digital badge certifying such status, and to enable others to conduct electronic searches of such badges and military status; computer services, namely, technology for use by members and veterans of the United States Military and other members of the armed forces to verify their military status and receive a digital badge certifying such status, and to enable others to conduct electronic searches of such badges and military status; verification services, namely, providing user identity services in the nature of military status verification; verification services, namely, providing user identity servicesClass 042 for Providing temporary use of nondownloadable software for online introduction, dating and social networking services; providing temporary use of nondownloadable software for use in soliciting feedback; providing temporary use of nondownloadable software that enables users to send dating and social networking status updates and to share content related to dating and social networking and electronic files with others; computer services, namely, providing an interactive website featuring technology for use by members and veterans of the United States Military and other members of the armed forces to verify their military status and receive a digital badge certifying such status, and to enable others to conduct electronic searches of such badges and military status; verification services, namely, providing user identity services in the nature of military status verification
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

SIGNATURE(S)
Response Signature
Signature: /sabel/     Date: 10/29/2018
Signatory's Name: Sally M. Abel, Esq.
Signatory's Position: Attorney for Applicant, CA bar member

Signatory's Phone Number: (650) 988-8500

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 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. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the owner/holder 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: 87743568
Internet Transmission Date: Tue Oct 30 00:21:27 EDT 2018
TEAS Stamp: USPTO/ROA-X.XX.XXX.XXX-20181030002127348
419-87743568-6104f2ea9158ff679a2840debb9
68a59e6975a2b752f3f8412536e1f3556467-N/A
-N/A-20181030001805468135