`
`Subject:
`
`Sent:
`Sent As:
`
`FARAH P. BHATTI(fbhatti@buchalter.com)
`U.S. Trademark Application Serial No. 97354248 - CERTIFIED SUGAR
`DADDY - S7805-5042
`October 03, 2023 09:54:40 AM EDT
`tmng.notices@uspto.gov
`
`Attachments
`
`screencapture-www-sugardaddymeet-net-sugar-daddy-meet-html-16962721764021
`screencapture-www-datingwise-org-sugardaddymeet-reviews-html-16962722238451
`screencapture-sugardaddysites-co-sugar-daddy-meet-review-16962723925491
`screencapture-privatesugarclub-com-sugar-daddy-meet-review-is-it-worth-it-
`16962724657731
`screencapture-successfulmatch-com-sugar_daddy_dating-16962725865691
`
`United States Patent and Trademark Office (USPTO)
`Office Action (Official Letter) About Applicant’s Trademark Application
`
`U.S. Application Serial No. 97354248
`
`Mark: CERTIFIED SUGAR DADDY
`
`Correspondence Address:
`Farah P. Bhatti
`BUCHALTER, A PROFESSIONAL CORPORATION
`18400 VON KARMAN AVE., SUITE 800
`IRVINE CA 92612
`United States
`
`Applicant: SUCCESSFULMATCH.COM, Inc.
`
`Reference/Docket No. S7805-5042
`
`Correspondence Email Address: fbhatti@buchalter.com
`
`
`
`
`
`
`REQUEST FOR RECONSIDERATION AFTER FINAL ACTION DENIED
`
`Issue date: October 3, 2023
`
`Applicant’s request for reconsideration is denied. See 37 C.F.R. §2.63(b)(3). The trademark
`examining attorney has carefully reviewed applicant’s request and determined the request did not: (1)
`raise a new issue, (2) resolve all the outstanding issue(s), (3) provide any new or compelling evidence
`with regard to the outstanding issue(s), or (4) present analysis and arguments that were persuasive or
`shed new light on the outstanding issue(s). TMEP §§715.03(a)(ii)(B), 715.04(a).
`
`Accordingly, the following refusal made final in the Office action dated May 25, 2023 is maintained
`
`
`
`and continued:
`•
` Section 2(e)(1) Refusal - Merely Descriptive
`See TMEP §§715.03(a)(ii)(B), 715.04(a).
`
`In this case, applicant restates two arguments against the Section 2(e)(1) refusal in the request for
`reconsideration of August 21, 2023. Specifically, applicant argues that (1) the wording in the mark is
`not descriptive because the wording does not convey any information about applicant's goods and
`services, and (2) that, in the alternative, the wording in the mark has acquired distinctiveness based on
`applicant's previous registration for the mark "SUGARDADDYMEET.
`
`Applicant’s argument that the wording is not descriptive has been disproved by extensive evidence. By
`definition the wording in the mark describes users of applicant's services and software whom the
`applicant has confirmed makes a million dollars or more. Additional Internet evidence attached to this
`denial shows that the wording, as used in connection to applicant’s services, is descriptive. The newly
`attached evidence consists of screenshots from applicant's websites and reviews describing applicant's
`services and software and states that users of applicant's software and services seeking a specific type
`of
`romantic
`relationship may
`have
`their
`income
`certified. See
`attached
`evidence
`from http://www.sugardaddymeet.net/sugar-daddy-meet.html ("To be a certified sugar daddy you have
`to have your personal information verified, which is your income, occupation, age, and a photo has to
`be sent in to Sugar Daddy Meet, then verified."), https://www.datingwise.org/sugardaddymeet-
`reviews.html ("Sugar daddies upload income proof to get the "CERTIFIED SUGAR DADDY" Badge
`on your profile. You will be listed above others in search results, & be listed on the "CERTIFIED
`SUGAR DADDY" page, and increase chances to be recommended to others and receive more
`recommendations
`of
`verified
`members."), https://sugardaddysites.co/sugar-daddy-meet-
`review/ ("Certified Sugar Daddy. You can verify your income, which will give you a special badge on
`your
`profile. This will make
`you
`stand
`out
`and
`attract way more
`Sugar
`Babies."), https://privatesugarclub.com/sugar-daddy-meet-review-is-it-worth-it/ (" If you choose to have
`your profile go under an exhaustive review, you can earn the title of “Certified Sugar Daddy” or
`“Verified Sugar Baby”, offering other members even more trust and reassurance that you’re the real
`deal."), https://successfulmatch.com/sugar_daddy_dating ("Become a CERTIFIED SUGAR DADDY
`and view CERTIFIED SUGAR DADDY lists."). While it does not appear that users are required to
`undergo a certification process, the wording "CERTIFIED SUGAR DADDY" when used in connection
`with applicant’s services and software immediately conveys information about specific users that
`increases the user's likelihood of successfully using applicant’s services and software to identify
`individual interested ina "sugar" relationship.
`
`Applicant's second argument, that the applied-for mark has acquired distinctiveness based on
`applicant's prior registration for the mark "SUGARDADDYMEET". Applicant argues that the applied-
`for mark is the same mark as the prior register mark. As previously discussed, an applied-for mark is
`considered the same mark if it is the legal equivalent of the previously-registered mark. In re
`Highlights for Children, Inc., 118 USPQ2d 1268, 1273-74 (TTAB 2016) (citing In re Dial-A-Mattress
`Operating Corp., 240 F.3d 1341, 1347, 57 USPQ2d 1807, 1812 (Fed. Cir. 2001)); TMEP §1212.04(b).
`To be legal equivalents, the applied-for mark must be indistinguishable from the previously-registered
`mark or create the same, continuing commercial impression such that the consumer would consider
`them both to be the same mark. In re Highlights for Children, Inc. , 118 USPQ2d at 1274, 1275 n.18
`(citing In re Dial-A-Mattress Operating Corp., 240 F.3d at 1347, 57 USPQ2d at 1812)); In re Nielsen
`Bus. Media, Inc., 93 USPQ2d 1545, 1547 (TTAB 2010); TMEP §1212.04(b). The prior registered mark
`includes the term "MEET." This term is physically connected to the wording "SUGAR DADDY." The
`wording "SUGAR DADDY" does not make a separable impression such that consumers would assume
`
`
`
`that the applied-for mark denotes the same source as the applied-for mark does not include the term
`"MEET." Therefore, the marks are not the same and do not create the same commercial impression.
`Thus, the argument is unconvincing.
`
`Applicant's arguments do not raise a new issue or provide new or compelling evidence, analis, and
`arguments regarding the Section 2(e)(1) refusal that resolve the issue. Thus, the request for
`reconsideration is denied.
`
`If applicant has already filed an appeal with the Trademark Trial and Appeal Board, the Board will
`be notified to resume the appeal. See TMEP §715.04(a).
`
`If applicant has not filed an appeal and time remains in the response period for the final Office
`action, applicant has the remainder of that time to (1) file another request for reconsideration that
`complies with and/or overcomes any outstanding final requirement(s) and/or refusal(s), and/or (2) file a
`notice of appeal to the Board. TMEP §715.03(a)(ii)(B).
`
`
`/Rebecca Eubank/
`Rebecca Eubank
`Examining Attorney
`LO116--LAW OFFICE 116
`(571) 270-5577
`Rebecca.Eubank@USPTO.GOV
`
`
`
`
`
`qrectertiseanetl
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`Whatshould |doif | forgot my SugarDaddyMeetemail address / password?
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`Yes, SugarDaddyMeetis a legit dating site, and SugarDaddyMeet is owned by SuccessfulMatch, a company
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`Whatdoes "This useris currently Unavailable / Disabled their account" mean?
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`Log-in to the site using your email address and passwordthen click on the "Reactivate" button. Youwill then
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`Whyam | not getting very many / any responses?
`
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`
`Ifyou don't have a photo, add one.Thisis the fastest and easiest thing you can do to increase your
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`What's the difference between Hiding and Blocking a member?How do |block or
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`Hide from search: You won't see this user in search results page. They'll still be able to see your profile and
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`Block: You will no longer receive any communication from this user. This userwill also be blocked from
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`
`ites
`
`RTa
`
`Best Sugar Dating Sites
`
`STCOias ee co See
`
`Sugar Daddy Meet
`Wagede
`
`First date giftfeature
`
`Verified Sugar Daddies and Sugar
`Babies
`Fair price for Premium membership
`Appwith swipefeature
`Solid search andfilter
`
`Sugar Daddy Meet Review
`
`pax[[x/i)+:|
`PopularSugar Daddydatingsite since 2007
`Affordable Premium membership
`Large numbersof both Sugar Daddies and Sugar Babies
`
`* Somewhatoutdated design
`
`Ny Daddy Meet
`
`asa
`
`
`
`alarge amount of members fromthe 20 richest countries in the world (mostly from the
`US). The Premium membership
`is relatively cheap, which makesthe datingsite very
`affordable. Sugar Daddy Meetis also the onlySugardating website that has appsfor both
`iPhone/iOS and Android. We recommend youto sign up for free and startyourjourneyat
`Sugar Daddy Meet.
`
`
`
`Wasdues
`
`Sugar DaddyMeet(2021)
`Megan Martin
`January 4, 2021
`
`13. Summary
`
` SugarDa
`
`[ry for Free!
`
`3.Signup
`4. Profile example
`5. Free version
`6. Premium version
`Vekeel Bil he-e
`
`able of contents
`
`1. Overview
`2. Costs and Prices
`
`8. App
`9. Design
`10. Safety and scam
`11. Customer support
`12.FAQ
`
`
`
` 1. Overview
`
`&y
`Members
`2.2M
`
`ieea (elon)
`Yes
`
`Bes
`Founded
`2007
`
`In this Sugar Daddy Meetreview,we'll cover every aspect of the sugar dating site: how it
`works, the costs, the mobile app, the best features and what you need to know before you
`sign up.
`
`Sugar Daddy Meet has been aroundsince 2007, and has the tagline “Sugar Makeslife
`Sweeter’.It's one of the leading Sugar Daddywebsites with more than 2 million active
`members.
`
`The sugardating site welcomes both Sugar Daddies and Sugar Babies from the 20 richest
`countries in the world.
`
`Nowadays, you can access thedating site through their app “SDM”. The appis the only Sugar
`Daddy dating appthatis available on both iPhone/iOS and Android.
`
`Sugar Daddy Meet boasts with the large amount of members: 453 000 sugar Daddies and
`more than 1.8 million Sugar Babies, which makes the total amount of members more than 2
`200 000 million.
`
`©
`©
`©
`0
`Verified Members
`Easy-to-Use Apps
`Advancad Search
`First Date Gift
`Neofakes. Getyour photo
`Swipe right to ike
`Narrowdown search
`Proposefiretdate giftsfo
`‘rifled forfreetoboost
`‘someone. Swipelft to
`results by setting criteria
`Interest
`in yourprofs
`ke Income, aduestion
`pass. We will let
`
`
`
`Ifthey areinterested, know if you bothfieeachand meet real sugar level, body type. ethnicity,
`
`
`
`
`
`thay aceept your fest dato
`leeation, ehldzen,
`thar!Ire20simpie! Stay
`daddies& sugarbabies
`of,
`vo
`king
`whose identity
`
`rolatonship may ba
`0, whenevar you want!
`voted.
`‘one.
`created.
`lick convenience next
`
`time,
`
`Info
`
`
`
`
`
`Members
`
`Free version
`
`Visitors
`
`App
`
`2.2M+
`
`Yes
`
`1M/month
`
`Yes (Android/iPhone)
`
`Premium cost
`
`From 24$/month
`
`igar Daddy Meet
`2. Costs and Prices
`Wee (aeeael
`
`You can sign up to Sugar Daddy Meetfor free without entering anycredit card information.
`
`You can thenuse the website for as long as you want.
`
`However,if you wantto accessall the features of the website (and the mobile app), we
`recommend you to upgrade your membership to Premium (more on the benefits laterin this
`review).
`
`Here are the cost for the Premium membership of Sugar Daddy Meet:
`
`ar
`
`
`
`1 month
`
`3 months
`
`6months
`
`LStite)
`
`
`50$
`
`30$
`
`24$
`
`Total
`
`50$
`
`90$
`
`144$
`
`PLEASE SELECT YOUR PREMIUM MEMBERSHIP PLAN
`
`Alll pricesare in U.S.Dollars. Click here to convert to
`another
`currency,
`
`
`
`6Months—_US $144.00 Sugar Da
`
`3Months
`
`US $90.00
`
`aac
`
`
`
`But- if you want to upgrade your membership to Premium from the app,thereis a slightly
`differentpricing plan:
`
`Ti
`
`
`1 month
`
`3 months
`
`months
`
`
`64.995
`
`36.66$
`
`28.33$
`
`Ce)
`
`64.99$
`
`109.99
`
`169.99$
`
`It's the sameprice for both Bizet REVGICSY and [ir-cig -1yt-. Note that the 1 month plan
`will auto renew (you can cancel the auto renewal in your settings). However, the 3 and
`6 monthsplan will not auto renew.
`
`ProTip:If you want to upgrade your Premium membership—doit from the website. As
`SugarD2
`you can see, you'll save some moneydoingso.If you're upgrading your membership
`from the website, you'll still be able to accessall the Premium features on the app.
`
`aioe
`
`3. Sign up
`Thesign up procedure on Sugar Daddy Meetis very smooth andstraightforward.
`
`You'll provide information about yourself, such as body type, height, ethnicity and also what
`you're lookingfor.
`
`SucarDaoprMeer
`
`=a
`
`i
`
`
`
`Moblephone
`
`ma t=
`
`‘Consent lo Our Service Agreement and Privacy Policy
`
`Try for Free! A mobile phone numberis not mandatory!
`
` both thoSe
`
`
`The next step is to upload your profile photo (you can also dothis later ifyou wantto).
`
`SucarDappyMEeT
`
`
`
`‘CreateYourProfle AboutYouandYourpiesa Phat Me Ske
`
`
`
`
`
`PROFILES WITH PHOTOS GET 20 TIMES MORE VIEWS,
`
`not be posted or sharedin anyway).
`It's completely free to sign up - you don't have to enter any credit card informationatall.
`
`Pro Tip: Youcanalso sign up with your Facebook account(yourprofile informationwill
`
`Try for F
`
`After you have provided information about yourself, and what you’re looking for - you're
`good to go.
`
`4. Profile example
`
`
`
`vynen you look ala Members promle at ugar Vaday ect, you Il see tne TOHOWINg:
`
`Profile photo(s)
`Different personal information
`© Height
`©
`Income
`« Ethnicity
`e Physical appearance
`« Bodytype
`« Haircolor
`* Political views
`« Smoking
`« Drinking
`« Listeningto
`* Premium memberor not
`* Verified or not
`* Whatthey're interested in
`e Whatthey're looking for
`© Wishlist
`¢ Send wink
`First date gift
`
`Hereis a screenshotofa profile (Sugar Baby) from Sugar Daddy Meet:
`
`SuGARDADDYMEET “OME
`
`ttyusTs” —connmuNry
`SEARCH
`(Backesme
`
`‘ad Kaa
`
`23,Female | SugarBaby *
`Seskng aenape din 38-8
`
`usa
`
`
`
`Wag a
`
`
`owner ont mast
`Aah ost now
`‘Seemors otea member
`1i ehints
`© ecktomcorest
`1 apartcoecam
`Ayweve nen
`
`FUN QUESTIONS
`COMMENTS
`ACTIVITIES
`Let og: waPREMIAYMEMBERS ry
`Basiinfo
`Me
`
`MyMatch
`
`Vag Om eeu
`
`
`
`
`
`
`
`Background
`
`te
`
`ay Mater
`
`5. Free version
`Sugar Daddy Meetis offering a pretty generous free membership. You can sign up for free
`and useit for free for as long as you want.
`
`Thisis what you can do as a free member:
`
`criteria: age, gender and location.
`
`Try for Free!
`
`Discoverableprofile. You can create your profile, upload photos and write about
`yourself and whatyou're looking for. Other membersonthesite will be able to find
`you.
`Search andfilter. You can use the searchandfilter feature to find potential dating
`partners. You'll have a basicversionof the search feature with thefollowingfilter
`
`Spark. You can use the Sparkfeature, whichis like a swipe functionality. You'll be
`presented with photosof other members, and then you'll swipeleft or right. Youneed
`to have uploaded your ownprofile picture to use this feature.
`Winks.This is a simple wayto let other Sugar Daddies/Sugar Babies know that you are
`interested in them. You need to have uploaded yourprofile photoforthis as well.
`Favourites. You can add other membersto yourfavourites.
`
`Unfortunately, you can’t send messages to other peopleif you're a free member. However,
`you can reply to messages sent to you by Premium members.
`
`Conclusion: you can do a lot on Sugar Daddy Meetas a free member, and we recommend
`you to start as a free memberand try it out yourself. If you want to upgrade your
`membership, you should start with one month and then renewif you need.
`
`
`
`
`
`6. Premium version
`
`
`If you're a Premium member, you'll have full access to Sugar Daddy Meet. There are multiple
`benefits ifyou're a Premium member. Hereis a list with someof the most important
`Premium features:
`
`
`
`© Send messages.This is whatit’s all about. As a Premium member, you can send
`unlimited messages to other people on the dating site (you can also reply to messages
`initiated by others, obviously).
`Prioritized. You will get highlighted and prioritized in the search result. You'll get.
`discovered by way morepeople, and youwill mostlikely get more messages compared
`to free members.
`¢GértifiedSugarDaddy.You canverify your income, whichwill give you a special badge
`
`
`
`on your profile. This
`will make you stand out and attract way more Sugar Babies.
`e Advanced search.You'll be able to search andfilter with multiple criteria, for example,
`age, body type,verified Sugar Babies, income etc.
`e Whofavorited you. You will now be able to see who has favorited you. This
`informationis hiddenif you're a free member.
`e Dating advices. You'll have accesstoalist with over 1400helpful dating tips. Here is a
`screenshotof someof the datingtips:
`
`MEMBERS’ DATING ADVICE & SAFETY TIPS (1,400+)
`
`BERTFORMANADEE.
`The most comprehensive datingtipsin theworld!
`
`
`ence (CeSugardecy datingStabeplanedhere+>1-Mo