Black Diamond Consulting Corp. Donald Alan DK Kernan Jr. of DreamerTopia Felony Charges out the Wazoo!!!

**littleroundman** · 11-30-2013, 10:32 AM

DreamerTopia Capital Management LLC/DreamerTopia Investments LP

**littleroundman** · 11-30-2013, 10:40 AM

FindtheCompany.com

**NikSam** · 11-30-2013, 10:43 AM

From: https://www.facebook.com/DreamerTopiaCorp/info

Originally Posted by An Idiot

About

What is DreamerTopia Corp?
Well, its two projects in one.
Its started off as a Social Media Project (Software, Internet)
and because its still in need of financing, it later added the
idea of launching a Private Equity Fund.

Mission

DreamerTopia's mission is to create an offering for every investor, large or small. We challenge ourselves to exceed our internal and external investor expectations through continuous improvement. We strive to create a professional infrastructure for our hard-working, dedicated, and knowledgeable investors who believe in innovation and creative thinking.

Description

In depth knowledge on the company.
The idea of DreamerTopia the social media project, started in my Freshmen year of HS, along side the launching of Facebook.com. The difference is I am one of the few patented social media projects on the planet. My concept will be the only software online connection that will be able to do it. Since then, there was a big tech/internet bubble burst scaring investors (Angels, Venture Capital, and Private) type capital from being invested into my type of project.

Junior year of HS, when I realized the above wasn't going to get funding, I studied investing and mastered finance from books by reading reading and more reading. I have won multiple investing competitions, and to this day I am ranked top 50 globally as an investor in that community of competing.

I decided in 2012 to take on and launch a Private Equity Fund, the second part of DreamerTopia, and have now launched the company and are currently building up clients.

My passion and love is first and foremost my Dance career. A dual ship I will add in my finance company. The amazing part is that I can run the company from anywhere.

Thanks for the support, international and domestic likers!

Yey, do the the robot

also: Donald Kernan - Urbanite - YouTube

**Soapboxmom** · 11-30-2013, 11:07 AM

Originally Posted by NikSam

Originally Posted by An Idiot
The difference is I am one of the few patented social media projects on the planet. My concept will be the only software online connection that will be able to do it.

Donald Kernan has no patent on anything much less a DreamerTopia anything!

DreamerTopia Patent.JPG

	PAT. NO.	Title
1	8,424,516	Ventilating tube and stylet system
2	8,328,523	Synchronous torque balance in multiple pump systems
3	7,945,411	Method for determining pump flow without the use of traditional sensors
4	7,803,788	Prodrugs of phosphonate nucoleotide analogues
5	7,457,869	System and method for monitoring management
6	7,390,791	Prodrugs of phosphonate nucleotide analogues
7	7,329,879	Apparatus for manipulation of ions and methods of making apparatus
8	7,250,134	Infiltrating a powder metal skeleton by a similar alloy with depressed melting point exploiting a persistent liquid phase at equilibrium, suitable for fabricating steel parts
9	7,080,508	Torque controlled pump protection with mechanical loss compensation
10	7,074,046	Detachable power supply apparatus
11	7,069,839	Flip ramp mechanical interlock for appliance
12	6,976,882	Detachable power supply apparatus
13	6,907,819	Flip ramp mechanical interlock for appliance
14	6,723,986	Apparatus for manipulation of ions and methods of making apparatus
15	6,718,692	Safety hatch for preventing fall-through and unauthorized entry
16	6,717,138	Mask plate with lobed aperture
17	6,608,318	Ionization chamber for reactive samples
18	6,592,150	Ski rocker training device for instructing able bodied and disabled skiers
19	6,545,271	Mask plate with lobed aperture
20	6,494,145	Automatic crossbar on ski chair-lift for facilitating passenger dismount
21	6,375,819	Fluid delivery system for capillary electrophoretic applications
22	6,365,024	Motorized positioning apparatus having coaxial carrousels
23	6,239,184	Extended catalyst life Fischer-Tropsch process
24	6,156,234	Process for supplying a gaseous mixture to an autothermal reactor
25	6,063,251	Electrically insulated capillary arrays for electrophoretic applications
26	6,033,788	Process for joining powder metallurgy objects in the green (or brown) state
27	6,027,627	Automated parallel capillary electrophoretic system
28	5,916,428	Automated system for multi-capillary electrophoresis having a two-dimensional array of capillary ends
29	5,885,430	Capillary tube holder for an electrophoretic apparatus
30	D380,765	Multiple slide holder for use in a photographic scanner
31	5,616,919	Universal quadrupole and method of manufacture
32	5,525,084	Universal quadrupole and method of manufacture
33	5,298,745	Multilayer multipole
34	5,231,566	Method and apparatus for producing a catalog

**Soapboxmom** · 11-30-2013, 11:31 AM

DreamerTopia Invesment Firm.JPG

FINRA BrokerCheck Search

No Donald Kernan or Dreamertopia are listed as has already been pointed out. Kernan Jr. is flirting with disaster and his father who is listed as a company officer best take this youngster (using his home address) in hand before he gets himself in legal hot water he cannot get himself out of.

**Soapboxmom** · 11-30-2013, 12:08 PM

Kernan bragged:

I have won multiple investing competitions, and to this day I am ranked top 50 globally as an investor in that community of competing.

I am known as the Google Queen for good reason and I can't find a single competition win for our Gatsby wannabee. If he won't substantiate that lofty claim then I have to assume that is just another lie intended to bilk money out of the unsuspecting marks he is targeting. We will be waiting for him to publish a list of these multiple investing competition wins!

**NikSam** · 11-30-2013, 12:13 PM

Originally Posted by DonaldKernan

... I advertised them really well yes, I have a degree in marketing and have read a ton of work on how to advertise. The problem is no one knew these guys where scammers. I can not be blamed for that...

Oh yes you can, more than that, under the US laws you are criminally responsible for promotion of investment scams regardless of what you thought they were at the time.

**ribshaw** · 11-30-2013, 12:44 PM

Originally Posted by NikSam

According to his diagram, he will play forex with investor's money (with 500x leverage)

This thread is reading a great scam novel, I almost wonder why Donald showed up at all? Not only as SBM pointed out is he in violation of several laws surrounding advertising for securities, his only "strategy" seems to be riding the Ponzi.

I had to look it up just out of curiosity, FXCM allows 50:1 on major currency pairs and 20:1 on exotic pairs. Long Term Capital Management at its height in 1998 had $5 billion in assets, controlled over $100 billion and had positions whose total worth was over a $1 trillion. (Loosely 200:1, and they played some games to get there.) Long-Term Capital Management (LTCM) Definition | Investopedia

However, if I were to peer into a crystal ball (unintentional psychic humor), Sam Israel III may best foreshadow the road our pal Gatsby Jr. is taking.

As not to spoil the ending, it seems someone has gone straight to step two:

The real news for Israel, as Nichols laid it out, was that there was a shadow market that traded the money of the super-wealthy and produced returns that were astonomical. Risk-free trades would throw off 100% gains in just a couple of weeks, and of course, by repeating these trades, there really was no limit to how many billions one could garner in profits. The Problem, in comparison to the opportunity presented, was miniscule. Israel was convinced that he would not only turn Bayou around, but that he would shut his piddling fund down soon thereafter and amass the countless billions that such a brilliant trader deserved. The Awesome, Mind-Boggling Tale of Sam Israel and the Shadow Markets | Zero Hedge

**Soapboxmom** · 11-30-2013, 04:18 PM

Emily B
Bar Tending Extraordinair at Umami Moto
Greater Milwaukee Area Restaurants

Current	DreamerTopia Corp., GUILTYSTAR.COM, Umami Moto
Previous	north shore bistro, Prescriptives, GNC

Donald Sr

Vice President at DreamerTopia.com
Greater Milwaukee Area Internet

Donald Sr's Overview

Current

Vice President at DreamerTopia.com

Connections 1 connection
Donald Sr's Experience

Vice President

DreamerTopia.com

Public Company; 1-10 employees; Internet industry
Currently holds this position

LinkedIn now shows 4 employees for this scam. A bartender might come in handy as no one who is sober is going to give this Gatsby wannabee a dime. She is pushing this website.

Beat DWI On Technical & Constitutional Defense

How to Beat A DWI.........

I notice dad is not using his full name or listing his career in law enforcement. I wonder if the lawyers linked in that sleazy website handle other kinds of criminal defense and civil fraud cases???

**ProfHenryHiggins** · 11-30-2013, 04:54 PM

It appears that website (guiltystar) used to be a jewelery outlet shoppe. Emily may have promoted it prior to the Kernans getting ahold of the site?

**NikSam** · 11-30-2013, 06:31 PM

Originally Posted by ProfHenryHiggins

It appears that website (guiltystar) used to be a jewelery outlet shoppe. Emily may have promoted it prior to the Kernans getting ahold of the site?

Since 2011 up to now, guiltystar.com domain owned by:

Code:

Admin Name: clai green
Admin Organization: onemoddress.com
Admin Street: 534 n.water
Admin City: milwaukee
Admin State/Province: Wisconsin
Admin Postal Code: 53202
Admin Country: United States
Admin Phone: (414) 364-3761
Admin Email: claimgreen@yahoo.com

In 2012 (when it was a ladies store) "Contact Us" page showed

Contact Us

Our Contact Information

1549 S. 2nd Street Milwaukee Wi. 53212
PHONE: 888-479-3382
Quesions? info@guiltystar.com

Partnerships, marketing and press -Tracey@guiltystar.com

Become a Guiltystar ambassador - Tiffany@guiltystar.com

**NikSam** · 11-30-2013, 06:41 PM

Scammers just love to be seen as good old aged wine, do not they?

On LinkedIn page of DreamerTopia Corp it says company founded in 2007, the first ever mentioned
name of DreamerTopia (including all possible companies names switchurus Donald did) appeared not earlier than 2010.

Also LinkedIn says type: Public Company :)

Dear Donald, when was your IPO ? :)

**Soapboxmom** · 12-01-2013, 09:48 AM

Originally Posted by NikSam

Uh donald, you do not even pay attention to your own site

Attachment 6445

URL: Hacked by 1337MiR | LeetBoy And LeeTSec Team

At least somebody popular (1337 MiR | Hacker Inside) likes your site :)

That hacker message appears for every single article he linked in all these months. What a ding-a-ling. Why not fix that? An incompetent delusional little kiddie with Gatsby fantasies who can't even present a businesslike website.

by month:

**Soapboxmom** · 12-01-2013, 10:11 AM

Kernanjr once again preparing to take the financial world by storm!

**Soapboxmom** · 12-01-2013, 10:29 AM

Invest In a New Social Media Idea From Dreamertopia LLC

Posted on July 25, 2011 by mini558439191
Invest In a New Social Media Idea from Dreamertopia LLC
It is a golden rule in English that money attracts money. Hence, investing in a new social media from Dreamertopia LLC is indeed worthwhile, if you are desirous about collecting huge wealth. Indeed, the wise investors always look for the ways and means of investments that would gain them enormous wealth. There are many wealth building ideas that can be looked upon as the underground wealth secrets that show you the paths of how to become rich. It is a kind of wealth education that educates the people about collecting wealth and the wealth masters on international level are their gurus with whom they want to be associated or regard them as their ideals to become likewise.

In this world of money-mania where people say that with money, you can buy
everything in the world, everyone is seen running behind money, and
practically it is not unjust. Money is the driving force of life and
hence economical gain is one of the main objectives of every man. Since a
couple of years so far, social media has been gaining increasing
popularity and so many people have found that the social media is the
vital means to start up a new business and earn a handsome income with
low cost investments.

Thus, the revenue resources are open for the e-business owners in
various sectors like gaming, applications,, partnership opportunities with the wealth masters of international acclaim, investing pools and many more.
Imagine for a moment you are there when the wealth building luminaries
like Eric Schmidt, Mark Bezos, Michael Dell, Bill Gates, Warren
Buffett, and Carlos Slim are looking for investors and funding! The
entire world knows very well that these renowned wealth masters on international level
are owners of the companies that are worth billions. Needless to say,
the back office investors surely become wealthy and experience financial
freedom. Hence, when you make investments with such companies, you are assured of a good amount of wealth. Remember investing is easy, but making investments in
proper areas confirms the Return of Investment (ROI) with lucrative
profit. That is the reason why many small and big businessmen and
entrepreneurs are interested and indulged in investing
Dreamertopia LLC, since they are partnered with multiple successful
companies like fortune 500 as well as some top tier global companies.

With the outbreak of overwhelming social networking sites like Facebook,
Myspace, Twitter, Plurk, the social media has become prominent and
dominant. Thence, most of the businessmen are seen inclined to avail the
benefits of gaming, advertising When you go on addition mobile and other technological
ventures to the combination, the wealth building opportunities
become endless. It is wisely said that the wise businessmen make hay
while the sun shines. In other words, the clever entrepreneurs exploit
the outbreak of information technology and the growing importance of
social media to make good wealth. Needless to say, you should look for the investment opportunities and invest in Social media which will pave the way to explore the wealth secrets.
investment opportunities

invest Social media

Gatsby wannabee is clearly delusional. What Fortune 500 companies are partnered with this snotty-nosed kid running his international headquarters out of mom and dad's house?

**Soapboxmom** · 12-01-2013, 11:06 AM

Investment

Posted on September 27, 2011 by mini558439191
This world is going very tough in terms of market and economy, investment is one of the options that save`s all your future expenses; only if you invest and multiply your wealth with the right plan and company. A right investment opportunity knocks the door once and if you miss it, it is your bad luck! DreamerTopia is one right platform for making all your investment related decisions; in fact I would say that if you are thinking to multiply your wealth and properties then you should startup investment with this company online.

Tips for high yield investment program:
When products like Elevation and Wealth Masters international are talked for multiplying your wealth; then you should never doubt because they are one of the most trusted investment products on internet. You are even going to find unique revenue streams for building up your investment value. There are investing pools, advertising, consumer sales, applications, and gaming, hosting nonprofit organisations, affiliate program, custom cell phone and many other ventures as your revenue streams with DreamerTopia!

When the funds are invested by the valuable clients then they are transferred to JP Morgan Chase Bank and invested as per the market structure, needs and calculations carried out by our high profiled portfolio managers. It is completely related to wealth building and there are no higher risks involved with DreamerTopia, as it serves the best investment growth in the town!

Grab the investment opportunity with DreamerTopia because the market has no stability and looking at the fall of US market and economy, anyone can predict the future of any countryman without a safe investment plan. Investment is always a smart decision and if you are thinking to invest small amount and want to multiply it later; then also you can find customized products with DreamerTopia.

To know the detailed information about startup investment cost and pricing then you can visit the official website of DreamerTopia. It includes all the relevant information with a ROI (return on investment) table. Moreover they have a management page to let their clients and investing parties know about the staff or management team. All detailed information regarding funding is available on the Funding page of their website, where investors can learn about their amount investment value and fund transfer.
To sum up, DreamerTopia shares the best investment opportunity for businessmen and investors online with a high yield investment value program.
investment opportunity
online investment

Barbara Hamilton

Banking Professional

Donald is an outstanding leader in what ever position he wishes to pursue. He is a very detailed and right to the point person. He knows his business well!View

Barbara Hamilton

Banking Professional

Queens Village, New York
Banking

Previous	Bank of America, JP Morgan Chase
Education	Cornell University Off-Campus Program, New York, NY

I bet Hamilton will be removing her LinkedIn endorsement of this scam endorsing, Gatsby wannabee clown. I notice she is no longer working at that bank. Perhaps, her superior pointed out that Chase could not handle money for DreamerTopia's shady investment portfolio? This punk claiming, "there are no higher risks involved," takes the cake. He obviously knows nothing about the forex market.

**Soapboxmom** · 12-01-2013, 11:32 AM

DreamerTopia

status:not monitored

listed for 921 days

.1% Monthly on profits 24% Annually for 24 months

min spend: 2000.00
max spend:100,000,000
referral: 0 %

0/5 star 0 reviews.
Vote rating: 0.00

support:

Our investment: 0 USD

GREAT News we are going to be getting official Securities & Exchange Commission (SEC) clearance.

So now the investment changes to this.
$2000.00 minimum investment clears you 1% of the fund monthly which will be doing close to millions monthly with in 45 days of the fund securing all the funds needed for trade.
$10,000,000.00+ Investment will give you a 24% annual return on investment.
$2000.00 Minimum Investment
$100,000,000.00 Maximum Investment

Strike 1!

Trademark Documents

Create/Mail Date	Document Description	Document Type
Jul. 05, 2013	Notation to File	XML
Jul. 05, 2013	Notation to File	XML
Jun. 29, 2012	Notice of Abandonment	XML
Nov. 29, 2011	Offc Action Outgoing	XML
Nov. 29, 2011	XSearch Search Summary	XML
Aug. 10, 2011	Design Search Code Corr Project	XML
Aug. 04, 2011	Drawing	JPEG
Aug. 04, 2011	Specimen	JPEG
Aug. 04, 2011	TEAS Plus New Application	MULTI

Strike 2! Big dummy Gatsby wannabee blows Trademark application.

**Soapboxmom** · 12-01-2013, 11:51 AM

PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2011)

Trademark/Service Mark Application, Principal Register

TEAS Plus Application

Serial Number: 85390073

Filing Date: 08/04/2011

NOTE: Data fields with the * are mandatory under TEAS Plus. The wording "(if applicable)" appears where the field is only mandatory under the facts of the particular application.

The table below presents the data as entered.

MARK INFORMATION
Input Field	Entered
TEAS Plus	YES
*MARK	\\TICRS\EXPORT11\IMAGEOUT 11\853\900\85390073\xml1\ FTK0002.JPG
*SPECIAL FORM	YES
USPTO-GENERATED IMAGE	NO
LITERAL ELEMENT	DreamerTopia
*COLOR MARK	NO
*COLOR(S) CLAIMED (If applicable)
*DESCRIPTION OF THE MARK (and Color Location, if applicable)	The mark consists of a circular shell featuring four abstract shapes to the left of the stylized text "DreamerTopia".
PIXEL COUNT ACCEPTABLE	NO
PIXEL COUNT	881 x 202
REGISTER	Principal
APPLICANT INFORMATION
*OWNER OF MARK	Dreamertopia
*STREET	8187 N 67Th
*CITY	Brown Deer
*STATE (Required for U.S. applicants)	Wisconsin
*COUNTRY	United States
*ZIP/POSTAL CODE (Required for U.S. applicants only)	53223
PHONE	4144698914
EMAIL ADDRESS	don@dreamertopia.com
AUTHORIZED TO COMMUNICATE VIA EMAIL	Yes
LEGAL ENTITY INFORMATION
*TYPE	LIMITED LIABILITY COMPANY
* STATE/COUNTRY WHERE LEGALLY ORGANIZED	Wisconsin
GOODS AND/OR SERVICES AND BASIS INFORMATION
*INTERNATIONAL CLASS	035
IDENTIFICATION	Advertising and marketing services provided by means of indirect methods of marketing communications, namely, social media, search engine marketing, inquiry marketing, internet marketing, mobile marketing, blogging and other forms of passive, sharable or viral communications channels
*FILING BASIS	SECTION 1(a)
FIRST USE ANYWHERE DATE	At least as early as 04/11/2011
FIRST USE IN COMMERCE DATE	At least as early as 06/21/2011
SPECIMEN FILE NAME(S)	\\TICRS\EXPORT11\IMAGEOUT 11\853\900\85390073\xml1\ FTK0003.JPG
SPECIMEN DESCRIPTION	Digital image of a website currently used in commerce
ADDITIONAL STATEMENTS SECTION
*TRANSLATION (if applicable)
*TRANSLITERATION (if applicable)
*CLAIMED PRIOR REGISTRATION (if applicable)
*CONSENT (NAME/LIKENESS) (if applicable)
*CONCURRENT USE CLAIM (if applicable)
CORRESPONDENCE INFORMATION
*NAME	Dreamertopia
FIRM NAME	Dreamertopia
*STREET	8187 N 67Th
*CITY	Brown Deer
*STATE (Required for U.S. applicants)	Wisconsin
*COUNTRY	United States
*ZIP/POSTAL CODE	53223
PHONE	4144698914
*EMAIL ADDRESS	don@dreamertopia.com
*AUTHORIZED TO COMMUNICATE VIA EMAIL	Yes
FEE INFORMATION
NUMBER OF CLASSES	1
FEE PER CLASS	275
*TOTAL FEE PAID	275
SIGNATURE INFORMATION
* SIGNATURE	/Donald Alan Kernan Jr/
* SIGNATORY'S NAME	Donald Alan Kernan Jr
* SIGNATORY'S POSITION	Owner, CEO
* DATE SIGNED	08/04/2011

PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2011)

Trademark/Service Mark Application, Principal Register

TEAS Plus Application

Serial Number: 85390073

Filing Date: 08/04/2011

To the Commissioner for Trademarks:

MARK: DreamerTopia (stylized and/or with design, see mark)

The literal element of the mark consists of DreamerTopia.
The mark consists of a circular shell featuring four abstract shapes to the left of the stylized text "DreamerTopia".
The applicant, Dreamertopia, a limited liability company legally organized under the laws of Wisconsin, having an address of
8187 N 67Th
Brown Deer, Wisconsin 53223
United States
requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended, for the following:

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 035: Advertising and marketing services provided by means of indirect methods of marketing communications, namely, social media, search engine marketing, inquiry marketing, internet marketing, mobile marketing, blogging and other forms of passive, sharable or viral communications channels

In International Class 035, the mark was first used at least as early as 04/11/2011, and first used in commerce at least as early as 06/21/2011, and is now in use in such commerce. The applicant is submitting one specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods and/or services, consisting of a(n) Digital image of a website currently used in commerce.
Specimen File1

The applicant's current Correspondence Information:

Dreamertopia

8187 N 67Th

Brown Deer, Wisconsin 53223

4144698914(phone)

don@dreamertopia.com (authorized)

A fee payment in the amount of $275 has been submitted with the application, representing payment for 1 class(es).

Declaration
The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements, and the like, may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. Section 1051(b), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; and that all statements made of his/her own knowledge are true; and that all statements made on information and belief are believed to be true.

Signature: /Donald Alan Kernan Jr/ Date Signed: 08/04/2011
Signatory's Name: Donald Alan Kernan Jr
Signatory's Position: Owner, CEO

RAM Sale Number: 5429
RAM Accounting Date: 08/05/2011

Serial Number: 85390073
Internet Transmission Date: Thu Aug 04 18:36:54 EDT 2011
TEAS Stamp: USPTO/FTK-173.227.92.2-20110804183654609
762-85390073-4804d33621a30298c45d276c43d
41d97438-DA-5429-20110803132057495265

Continued...

**Soapboxmom** · 12-01-2013, 12:07 PM

To:	Dreamertopia (don@dreamertopia.com)
Subject:	U.S. TRADEMARK APPLICATION NO. 85390073 - DREAMERTOPIA - N/A
Sent:	11/29/2011 1:16:35 PM
Sent As:	ECOM105@USPTO.GOV
Attachments:

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION

APPLICATION SERIAL NO. 85390073 MARK: DREAMERTOPIA	85390073
CORRESPONDENT ADDRESS: DREAMERTOPIA DREAMERTOPIA 8187 N 67TH ST BROWN DEER, WI 53223-3347	CLICK HERE TO RESPOND TO THIS LETTER: Response Forms
APPLICANT: Dreamertopia
CORRESPONDENT’S REFERENCE/DOCKET NO: N/A CORRESPONDENT E-MAIL ADDRESS: don@dreamertopia.com

OFFICE ACTION

STRICT DEADLINE TO RESPOND TO THIS LETTER

TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW.

ISSUE/MAILING DATE: 11/29/2011

The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issue below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.

SEARCH RESULTS

The trademark examining attorney has searched the Office’s database of registered and pending marks and has found no conflicting marks that would bar registration under Trademark Act Section 2(d). TMEP §704.02; see 15 U.S.C. §1052(d).

SPECIMEN UNACCEPTABLE

The specimen is not acceptable because it does not show the applied-for mark in use in commerce. An application based on Trademark Act Section 1(a) must include a specimen showing the applied-for mark in use in commerce for each class of services. Trademark Act Sections 1 and 45, 15 U.S.C. §§1051, 1127; 37 C.F.R. §§2.34(a)(1)(iv), 2.56(a); TMEP §§904, 904.07(a).

The specimen consists of webpage and is not acceptable as evidence of actual service mark use because it does not reference the services listed in the application. Thus, it fails to show proper use of the applied-for mark in the sale or advertising of the services.

A specimen for a service mark must show use of the mark “in the sale or advertising of services.” Trademark Act Section 45, 15 U.S.C. §1127; see 37 C.F.R. §2.56(b)(2); TMEP §1301.04. Indeed, “[w]hile the nature of the services does not need to be specified in the specimens, there must be something which creates in the mind of the purchaser an association between the mark and the service activity.” In re Adair, 45 USPQ2d 1211, 1215 (TTAB 1997) (quoting In re Johnson Controls Inc., 33 USPQ2d 1318, 1320 (TTAB 1994)). There must be sufficient reference to the services in the specimen to create this association. In re Monograms Am., Inc., 51 USPQ2d 1317, 1318 (TTAB 1999); see TMEP §§1301.04 et seq.

If the specimen does not show the mark with reference to, or association with, the services, the specimen fails to show service mark usage. See In re Osmotica Holdings, Corp., 95 USPQ2d 1666, 1668 (TTAB 2010) (stating that “[a]t a minimum, the specimen must show a direct association between the services and the mark sought to be registered”); In re DSM Pharms., Inc., 87 USPQ2d 1623, 1624 (TTAB 2008) (finding the mark must be used in a manner on the specimen so as to identify the applicant’s services and their source “via a direct association”).

Therefore, applicant must submit the following:

(1) A substitute specimen showing the mark in use in commerce for each class of services specified in the application; and

(2) The following statement, verified with an affidavit or signed declaration under 37 C.F.R. §2.20: “The substitute specimen was in use in commerce at least as early as the filing date of the application.” 37 C.F.R. §2.59(a); TMEP §904.05; see 37 C.F.R. §2.193(e)(1). If submitting a substitute specimen requires an amendment to the dates of use, applicant must also verify the amended dates. 37 C.F.R. §2.71(c); TMEP §904.05.

Examples of specimens for services are signs, photographs, brochures, website printouts or advertisements that show the mark used in the actual sale or advertising of the services. See TMEP §§1301.04 et seq.

If applicant cannot satisfy the above requirements, applicant may amend the application from a use in commerce basis under Section 1(a) to an intent to use basis under Section 1(b), for which no specimen is required. See TMEP §806.03(c). However, if applicant amends the basis to Section 1(b), registration will not be granted until applicant later amends the application back to use in commerce by filing an acceptable allegation of use with a proper specimen. See 15 U.S.C. §1051(c), (d); 37 C.F.R. §§2.76, 2.88; TMEP §1103.

To amend to Section 1(b), applicant must submit the following statement, verified with an affidavit or signed declaration under 37 C.F.R. §2.20: “Applicant has had a bona fide intention to use the mark in commerce on or in connection with the services listed in the application as of the filing date of the application.” 37 C.F.R. §2.34(a)(2); TMEP §806.01(b); see 15 U.S.C. §1051(b); 37 C.F.R. §§2.35(b)(1), 2.193(e)(1).

Pending receipt of a proper response, registration is refused because the specimen does not show the applied-for mark in use in commerce as a service mark. Trademark Act Sections 1 and 45, 15 U.S.C. §§1051, 1127; 37 C.F.R. §§2.34(a)(1)(iv), 2.56(a); TMEP §§904, 904.07(a).

Response Options for Specimen Refusal

Applicant may respond to the stated specimen refusal by submitting a verified substitute specimen or amending the application to an intent to use filing basis under Trademark Act Section 1(b) by following the suggested directions below for responding either online or by mail.

If applicant responds to this Office action online via the Trademark Electronic Application System (TEAS), applicant should provide a substitute specimen as follows: (1) answer “yes” to the TEAS response form wizard question to “submit a new or substitute specimen,” (2) attach a jpg or pdf file of the substitute specimen, and (3) select the statement that “The substitute specimen(s) was in use in commerce at least as early as the filing date of the application.” However, if applicant is responding by amending the application to a Section 1(b) filing basis, applicant should do the following: (1) answer “yes” to the TEAS response form wizard questions to “change filing basis” and for a “signed declaration,” respectively; (2) uncheck the box for “Filing Basis Section 1(a);” and (3) check the box for “Filing Basis Section 1(b).” Please note that these steps appear on different pages of the TEAS response form.

Whether submitting a substitute specimen or amending the filing basis to Section 1(b), applicant must also personally sign or personally enter his/her electronic signature and date after the declaration at the end of the TEAS response form, and print or type the name of the signatory immediately below or adjacent to his/her signature or identify it elsewhere in the filing. See 37 C.F.R. §§2.34(a)(2), 2.59(a), 2.193(a), (c)-(d), (e)(1); TMEP §§611.01(c), 804.01(b).

If applicant experiences difficulty in submitting the required substitute specimen, supporting statement and/or declaration, or changing the filing basis, please e-mail TEAS@uspto.gov for technical assistance regarding the TEAS response form.

If applicant responds to this Office action on paper, via regular mail, applicant may provide a verified substitute specimen by (1) checking the first statement below and personally signing, dating, and printing or typing the name of the signatory in the declaration appearing below the statement; and (2) submitting a substitute specimen showing the applied-for mark in use in commerce. See 37 C.F.R. §§2.20, 2.59(a), 2.193(a)(1), (d), (e)(1); TMEP §§611.01(b), 804.01(b), 904.05. If applicant is responding by amending the application to a Section 1(b) filing basis, applicant may check the second statement below, and personally sign, date, and enter the printed or typed name of the signatory in the declaration appearing below the statement. See 37 C.F.R. §§2.20, 2.34(a)(2), 2.193(a)(1), (d), (e)(1); TMEP §§611.01(b), 804.01(b), 806.03(c).

q The substitute specimen was in use in commerce at least as early as the filing date of the application.

q Applicant has had a bona fide intention to use the mark in commerce on or in connection with the goods and/or services listed in the application as of the filing date of the application.

The undersigned being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. §1001, and that such willful false statements and the like may jeopardize the validity of the application or document or any registration resulting therefrom, declares that all statements made of his/her own knowledge are true; and all statements made on information and belief are believed to be true.

_____________________________
(Signature)

_____________________________
(Print or Type Name and Position)

_____________________________
(Date)

RESPONSE GUIDELINES

If applicant has technical questions about the TEAS response to Office action form, applicant can review the electronic filing tips available online at http://www.uspto.gov/teas/eFilingTips.htm and email technical questions to TEAS@uspto.gov.

If applicant does not respond to this Office action within six months of the issue/mailing date, or responds by expressly abandoning the application, the application process will end, the trademark will fail to register, and the application fee will not be refunded. See 15 U.S.C. §1062(b); 37 C.F.R. §§2.65(a), 2.68(a), 2.209(a); TMEP §§405.04, 718.01, 718.02. Where the application has been abandoned for failure to respond to an Office action, applicant’s only option would be to file a timely petition to revive the application, which, if granted, would allow the application to return to live status. See 37 C.F.R. §2.66; TMEP §1714. There is a $100 fee for such petitions. See 37 C.F.R. §§2.6, 2.66(b)(1).

The response must be signed by applicant or someone with legal authority to bind applicant (i.e., a corporate officer of a corporate applicant, the equivalent of an officer for unincorporated organizations or limited liability company applicants, a general partner of a partnership applicant, each applicant for applications with multiple individual applicants, etc.). TMEP §§712 et seq.

If applicant has questions regarding this Office action, please telephone or e-mail the assigned trademark examining attorney. All relevant e-mail communications will be placed in the official application record; however, an e-mail communication will not be accepted as a response to this Office action and will not extend the deadline for filing a proper response. See 37 C.F.R. §2.191; TMEP §§709.04-.05. Further, although the trademark examining attorney may provide additional explanation pertaining to the refusal(s) and/or requirement(s) in this Office action, the trademark examining attorney may not provide legal advice or statements about applicant’s rights. See TMEP §§705.02, 709.06.

TEAS PLUS APPLICANTS MUST SUBMIT DOCUMENTS ELECTRONICALLY OR SUBMIT FEE: Applicants who filed their application online using the reduced-fee TEAS Plus application must continue to submit certain documents online using TEAS, including responses to Office actions. See 37 C.F.R. §2.23(a)(1). For a complete list of these documents, see TMEP §819.02(b). In addition, such applicants must accept correspondence from the Office via e-mail throughout the examination process and must maintain a valid e-mail address. 37 C.F.R. §2.23(a)(2); TMEP §§819, 819.02(a). TEAS Plus applicants who do not meet these requirements must submit an additional fee of $50 per international class of goods and/or services. 37 C.F.R. §2.6(a)(1)(iv); TMEP §819.04. In appropriate situations and where all issues can be resolved by amendment, responding by telephone to authorize an examiner’s amendment will not incur this additional fee.

/Tashia Bunch Henderson/
Trademark Examining Attorney
Law Office 105
571-272-3941
tashia.bunch@uspto.gov

TO RESPOND TO THIS LETTER: Go to Response Forms. Please wait 48-72 hours from the issue/mailing date before using TEAS, to allow for necessary system updates of the application. For technical assistance with online forms, e-mail TEAS@uspto.gov. For questions about the Office action itself, please contact the assigned trademark examining attorney. E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to this Office action by e-mail.

All informal e-mail communications relevant to this application will be placed in the official application record.

WHO MUST SIGN THE RESPONSE: It must be personally signed by an individual applicant or someone with legal authority to bind an applicant (i.e., a corporate officer, a general partner, all joint applicants). If an applicant is represented by an attorney, the attorney must sign the response.

PERIODICALLY CHECK THE STATUS OF THE APPLICATION: To ensure that applicant does not miss crucial deadlines or official notices, check the status of the application every three to four months using Trademark Applications and Registrations Retrieval (TARR) at Trademark Status & Document Retrieval. Please keep a copy of the complete TARR screen. If TARR shows no change for more than six months, call 1-800-786-9199. For more information on checking status, see Check Status.

TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the TEAS form at Correspondence and Attorney/Domestic Representative Forms.

NOTE TO THE FILE

SERIAL NUMBER: 85390073
DATE: 07/05/2013
NAME: tbunch
NOTE:
Discussed file with
Attorney/Applicant via:
phone Left message with
X email Attorney/Applicant
From: Bunch, Tashia
Sent: Friday, July 05, 2013 8:40 AM
To: 'dreamertopiallc@gmail.com'
Subject: RE: U.S. TRADEMARK APPLICATION NO. 85390073 - DREAMERTOPIA - N/A

Good morning,

This application was considered abandoned as of May 30, 2012. A request for reinstatement must be submitted to the Director within two months of abandonment. Because of the length of time that has elapsed since abandonment, a request for reinstatement will be denied.

Best regards,
Tashia

From: dreamertopiallc@gmail.com [mailto:dreamertopiallc@gmail.com] On Behalf Of Donald Kernan
Sent: Thursday, July 04, 2013 11:12 AM
To: Bunch, Tashia
Subject: Fwd: U.S. TRADEMARK APPLICATION NO. 85390073 - DREAMERTOPIA - N/A

I just realized I never replied back to this email and I thought this whole time I had a patent in place. Could we re open this file, and what information did the patent office need from me.
---------- Forwarded message ----------
From: ECom105 <ECom1053@uspto.gov>
Date: Tue, Nov 29, 2011 at 10:16 AM
Subject: U.S. TRADEMARK APPLICATION NO. 85390073 - DREAMERTOPIA - N/A
To: "don@dreamertopia.com" <don@dreamertopia.com>

NOTE TO THE FILE

SERIAL NUMBER: 85390073
DATE: 07/05/2013
NAME: tbunch
NOTE:
Discussed file with
Attorney/Applicant via:
phone Left message with
X email Attorney/Applicant
From: Bunch, Tashia
Sent: Friday, July 05, 2013 10:29 AM
To: 'dreamertopiallc@gmail.com'
Subject: RE: U.S. TRADEMARK APPLICATION NO. 85390073 - DREAMERTOPIA - N/A

Yes.

From: dreamertopiallc@gmail.com [mailto:dreamertopiallc@gmail.com] On Behalf Of Donald Kernan
Sent: Friday, July 05, 2013 10:27 AM
To: Bunch, Tashia
Subject: Re: U.S. TRADEMARK APPLICATION NO. 85390073 - DREAMERTOPIA - N/A

Good Morning,

So does this mean I would have to start all over again with a fresh application correct?

So, no patent. And we are supposed to believe this brainless idiot created Banners Broker???

**Soapboxmom** · 12-01-2013, 12:18 PM

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re: Black Diamond Consulting Corp. Donald Alan DK Kernan Jr. of DreamerTopia Felony Charges out the Wazoo!!!

re: Black Diamond Consulting Corp. Donald Alan DK Kernan Jr. of DreamerTopia Felony Charges out the Wazoo!!!

re: Black Diamond Consulting Corp. Donald Alan DK Kernan Jr. of DreamerTopia Felony Charges out the Wazoo!!!

re: Black Diamond Consulting Corp. Donald Alan DK Kernan Jr. of DreamerTopia Felony Charges out the Wazoo!!!

re: Black Diamond Consulting Corp. Donald Alan DK Kernan Jr. of DreamerTopia Felony Charges out the Wazoo!!!

re: Black Diamond Consulting Corp. Donald Alan DK Kernan Jr. of DreamerTopia Felony Charges out the Wazoo!!!

re: Black Diamond Consulting Corp. Donald Alan DK Kernan Jr. of DreamerTopia Felony Charges out the Wazoo!!!

re: Black Diamond Consulting Corp. Donald Alan DK Kernan Jr. of DreamerTopia Felony Charges out the Wazoo!!!

re: Black Diamond Consulting Corp. Donald Alan DK Kernan Jr. of DreamerTopia Felony Charges out the Wazoo!!!

re: Black Diamond Consulting Corp. Donald Alan DK Kernan Jr. of DreamerTopia Felony Charges out the Wazoo!!!

re: Black Diamond Consulting Corp. Donald Alan DK Kernan Jr. of DreamerTopia Felony Charges out the Wazoo!!!

re: Black Diamond Consulting Corp. Donald Alan DK Kernan Jr. of DreamerTopia Felony Charges out the Wazoo!!!

re: Black Diamond Consulting Corp. Donald Alan DK Kernan Jr. of DreamerTopia Felony Charges out the Wazoo!!!

re: Black Diamond Consulting Corp. Donald Alan DK Kernan Jr. of DreamerTopia Felony Charges out the Wazoo!!!

re: Black Diamond Consulting Corp. Donald Alan DK Kernan Jr. of DreamerTopia Felony Charges out the Wazoo!!!

re: Black Diamond Consulting Corp. Donald Alan DK Kernan Jr. of DreamerTopia Felony Charges out the Wazoo!!!

re: Black Diamond Consulting Corp. Donald Alan DK Kernan Jr. of DreamerTopia Felony Charges out the Wazoo!!!

re: Black Diamond Consulting Corp. Donald Alan DK Kernan Jr. of DreamerTopia Felony Charges out the Wazoo!!!

re: Black Diamond Consulting Corp. Donald Alan DK Kernan Jr. of DreamerTopia Felony Charges out the Wazoo!!!

re: Black Diamond Consulting Corp. Donald Alan DK Kernan Jr. of DreamerTopia Felony Charges out the Wazoo!!!

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