Tuesday, September 15, 2015

Tinder Files Trademark for SWIPE UP, New "Super Like" Featuring Coming Soon

Most millennials know the "swipe right, swipe left" functions of the popular dating app Tinder, but on September 9th the company filed a federal trademark application for SWIPE UP.
The goods and services listed on the application are:
Downloadable software in the nature of a mobile application for internet-based dating and matchmaking; downloadable software in the nature of a mobile application in the field of social media, namely, for sending status updates to subscribers of web feeds, uploading and downloading electronic files to share with others[.]
These services are very similar to the description of services on the TINDER trademark application, leading me to believe that this term will be used in conjunction with the application as well. Earlier this year Tinder also filed trademark applications for SWIPE LEFT and SWIPE RIGHT.

On the date this trademark application was filed, Tinder published a blog post referring to a new "Super Like" function that will soon be available on the app. This function allows you to "swipe up" on someone's profile to let someone know he or she stands out and you like him or her more than other profiles on the dating app. Apparently, this service is only available in Australia currently but will be released to the rest of the world later this year, which is consistent with the intent-to-use basis of this application (meaning Tinder is not using the term in the United States yet).

Because all these applications were filed on an intent-to-use basis, Tinder has not had to submit specimens showing its use of these terms in commerce as trademarks yet. I will be curious to see what documentation they will eventually submit that shows SWIPE UP, SWIPE RIGHT, and SWIPE LEFT as trademarks given that these terms really just describe a function of the app. Tinder might have some issues there.

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