FINAL REFUSAL - MAILED
mailed
on 09 Oct 2024
Last Applicant/ Owned by
F-94220 Charenton-le-Pont
FR
Serial Number
79384362 filed on 06th Jul 2023
Registration Number
N/A
Correspondent Address
Jason M. Vogel
Filing Basis
1. filing basis filed as 66 a
Disclaimer
NO DATA
E ESSILOR
Scientific and technical design research in the field of ophthalmic optics; Scientific research and development, namely, development of testing, measuring and analysis methods in the field of ophthalmic optics; Scientific research and development, namely, development and testing of computing methods, algorithms and software; preparation of scientific and technical reports in the field of ophthalmi Read More
Classification Information
Class [044]
Medical, Beauty & Agricultural Services
Medical services of opticians, optometrists and other ophthalmic optics professionals; Medical information and advice in the field of ophthalmic optics; Medical information and advice relating to protecting the eyes and sight and related to visual correction and comfort; Optometry services, namely, eyesight testing and visual diagnosis services; Medical services for detecting eyesight defects and disorders
First Use Date in General
N/A
First Use Date in Commerce
N/A
Class [042]
Computer & Software Services & Scientific Services
Scientific and technical design research in the field of ophthalmic optics; Scientific research and development, namely, development of testing, measuring and analysis methods in the field of ophthalmic optics; Scientific research and development, namely, development and testing of computing methods, algorithms and software; preparation of scientific and technical reports in the field of ophthalmic optics in the nature of technical writing
First Use Date in General
N/A
First Use Date in Commerce
N/A
Class [035]
Advertising, Business & Retail Services
Compilation and updating of commercial and advertising literature and catalogs of goods and services in electronic form online on computer databases; Dissemination of advertisements materials; Establishing statistics, in the nature of compilation of statistics; collection and systematization of business data stored electronically in a central file; Public opinion polling; Business management services, namely, administration and organization of competitions for advertising; promoting the goods of others on all communication media, for retail promotion purposes; promotion of goods and services of others; Promotion services, namely, organization of sales and service promotion activities to build customer loyalty for optician services; Advertising services and sales promotion for others via telecommunications and global computer networks; organization of exhibitions and events for commercial and promotional and advertising purposes; retail, wholesale and online retail store services, all featuring sanitary products for medical use, cleansing solutions for medical use, sanitizing solutions, products for the care of contact lenses and spectacle lenses, products for cleaning contact lenses and spectacle lenses, preparations for storing and preserving contact lenses and lenses, working, machining, trimming, cutting, drilling, grinding, edging, blanking, grooving, engraving, bevelling, counter-bevelling, chamfering, surface grinding, finishing, smoothing, polishing, fine reworking and stripping machines for spectacle lenses and ophthalmic lenses, blocking machines for spectacle lenses and ophthalmic lenses, grinders for spectacle lenses and ophthalmic lenses, spectacles, sunglasses, sports glasses, spectacle frames, ophthalmic lenses, spectacle lenses, including organic lenses, mineral lenses, corrective lenses, progressive lenses, sunglass lenses, polarized lenses, filtering lenses, tinted lenses, colored lenses, light-sensitive lenses, photochromic lenses, electrochromic lenses, treated lenses, coated lenses, anti-reflective lenses, semi-finished lenses, spectacle lens pucks and blanks, semi-finished pucks for spectacle lenses, contact lenses, cases for spectacle lenses, cases for ophthalmic lenses, spectacle cases, cords and chains for spectacles, optical, ophthalmic and facial measurement apparatus and instruments, software for measuring and displaying optical, ophthalmic and facial parameters, recorded software programs medical apparatus and instruments, instruments for ophthalmological examinations, medical imaging apparatus for ophthalmological use, tomographs and angiographs for ophthalmological use, ophthalmoscopes, pupillometers, corneal reflection pupillometers, phoropters, frontofocometers, vertical angle refractionometers, ophthalmoscopes, keratometers, ophthalmometers, apparatus for detecting eyesight defects and disorders, apparatus for measuring and testing visual acuity and vision, eyesight testing apparatus and instruments, in particular for the examination of visual behavior, apparatus and instruments for detecting and measuring eye and head movements in response to visual stimuli, head rests, chin rests and nose rests, reading scales, separators and removable covers for eyesight testing, apparatus for screening hearing defects and disorders, audiometers; retail store services featuring virtual goods, namely, sanitary products for medical purposes, cleansing solutions for medical use, sanitizing solutions, products for the care of contact lenses and spectacle lenses, products for the cleaning of contact lenses and spectacle lenses, preparations for storing and preserving contact lenses and lenses, working, machining, trimming, cutting, drilling, grinding, edging, blanking, grooving, engraving, bevelling, counter-bevelling, chamfering, surface grinding, finishing, smoothing, polishing, fine reworking and stripping machines for spectacle lenses and ophthalmic lenses, machines for blocking spectacle lenses and ophthalmic lenses, spectacle lens and ophthalmic lens edgers, spectacles, sunglasses, goggles for sports, spectacle frames, ophthalmic lenses, spectacle lenses, including organic lenses, mineral lenses, corrective lenses, progressive lenses, sunglass lenses, polarized lenses, filtering lenses, tinted lenses, colored lenses, light-sensitive lenses, photochromic lenses, electrochromic lenses, treated lenses, coated lenses, anti-reflective lenses, semi-finished lenses, semi-finished blanks for spectacle lenses, contact lenses, spectacle lens cases, ophthalmic lens cases, spectacle cases, spectacle cords and chains, downloadable software for measuring and displaying optical, ophthalmic and facial parameters, apparatus and instruments for measuring and displaying optical, ophthalmic and facial parameters, apparatus and instruments for measuring and displaying optical, ophthalmic and facial parameters, namely, apparatus and instruments for measuring various parameters for spectacle lenses, including the shapes and dimensions of the spectacle frame and the position of the eyes in relation to it, apparatus and instruments for taking optical, ophthalmic and facial measurements and parameters, photographic and video apparatus and instruments for capturing the image of the wearer of spectacle frames and printing the image with a view to assisting in the selection of spectacle frames, apparatus and instruments integrating a video camera, connected to downloadable interactive sales support software for vision optics professionals and enabling simulation of optical equipment on the customer's face as well as display of educational explanations or promotional information, interactive sales support software for vision optics professionals: for simulations of equipment on the customer's face, downloadable software for promoting sales of spectacle lenses and spectacle frames through on-screen demonstrations and simulations, downloadable software for online ordering of spectacle lenses and ophthalmic lenses, medical apparatus and instruments, instruments for ophthalmologic examinations, medical imaging apparatus for ophthalmologic use, tomographs and angiographs for ophthalmologic use, ophthalmoscopes, pupillometers, corneal reflection pupillometers, phoropters, frontofocometers, vertical angle refractionometers, ophthalmoscopes, keratometers, ophthalmometers, apparatus for screening eyesight defects and disorders, apparatus for measuring and testing visual acuity and vision, eyesight testing apparatus and instruments, in particular for the examination of visual behavior, apparatus and instruments for detecting and measuring eye and head movement in response to visual stimuli, head rests, chin rests and nose rests, reading scales, separators and removable covers for eyesight tests, apparatus for screening hearing defects and disorders, audiometers for use in virtual environments; online retail store services featuring virtual goods namely, sanitary products for medical use, cleansing solutions for medical use, sanitizing solutions, products for the care of contact lenses and spectacle lenses, products for cleaning contact lenses and spectacle lenses, preparations for storing and preserving contact lenses and lenses, working, machining, trimming, cutting, drilling, grinding, edging, blanking, grooving, engraving, bevelling, counter-bevelling, chamfering, surface grinding, finishing, smoothing, polishing, fine reworking and stripping machines for spectacle lenses and ophthalmic lenses, blocking machines for spectacle lenses and ophthalmic lenses, grinders for spectacle lenses and ophthalmic lenses, spectacles, sunglasses, sports glasses, spectacle frames, ophthalmic lenses, spectacle lenses, including organic lenses, mineral lenses, corrective lenses, progressive lenses, sunglass lenses, polarized lenses, filtering lenses, tinted lenses, colored lenses, light-sensitive lenses, photochromic lenses, electrochromic lenses, treated lenses, coated lenses, anti-reflective lenses, semi-finished lenses, spectacle lens pucks and blanks, semi-finished pucks for spectacle lenses, contact lenses, cases for spectacle lenses, cases for ophthalmic lenses, spectacle cases, cords and chains for spectacles, optical, ophthalmic and facial measurement apparatus and instruments, downloadable software for measuring and displaying optical, ophthalmic and facial parameters, recorded software programs, medical apparatus and instruments, instruments for ophthalmological examinations, medical imaging apparatus for ophthalmological use, tomographs and angiographs for ophthalmological use, ophthalmoscopes, pupillometers, corneal reflection pupillometers, phoropters, frontofocometers, vertical angle refractionometers, ophthalmoscopes, keratometers, ophthalmometers, apparatus for screening eyesight defects and disorders, apparatus for measuring and testing visual acuity and vision, eyesight testing apparatus and instruments, in particular for the examination of visual behavior, apparatus and instruments for detecting and measuring eye and head movements in response to visual stimuli, head rests, chin rests and nose rests, reading scales, separators and removable covers for eyesight testing, apparatus for screening hearing defects and disorders, audiometers for use in virtual environments
First Use Date in General
N/A
First Use Date in Commerce
N/A
Class [016]
Paper Goods and Printed Material
Printed publications, namely, catalogs, leaflets, brochures, books, magazines, manuals, newspapers, business cards, calendars, albums, journals, manuals, booklets, prospectuses, printed guides, posters, signboards of paper or cardboard all in the fields of spectacles, optics, and ophthalmology; Paper bags, envelopes and pouches of paper and plastics for packaging purposes, made of paper or plastic materials; analysis reports and certification documents in the fields of in the manufacture and the treatment of spectacle frames, spectacles and ophthalmic lenses; information leaflets in the fields of certification, standardization and normalization regarding the manufacture and the treatment of spectacle frames, spectacles and ophthalmic lenses
First Use Date in General
N/A
First Use Date in Commerce
N/A
Class [010]
Medical Instrument Products
Medical apparatus and instruments, namely, eye testing machines and apparatus; Instruments for ophthalmological examinations, namely, ophthalmoscopes, keratometers, and ophthalmometers; Pupillometers for measuring pupillary distance (PD); Corneal reflection pupillometers for measuring pupillary reactivity to stimulus; Optometric instruments, namely, phoropters; Optometric instruments, namely, frontofocometers; Optometric instruments, namely, vertex refractionometers; Medical apparatus for screening vision defects and disorders; Medical apparatus for measuring and testing visual acuity and vision; vision testing apparatus and instruments, in particular for the examination of visual behavior in the nature of eye testing apparatus; Medical apparatus and instruments for detecting and measuring eye and head movements in response to visual stimuli; Structural parts and components of all the aforesaid goods, namely, head rests, chin rests and nose rests; Reading scales in the nature of eye charts for medical examination use; separators and removable covers for eyesight testing for medical purposes; apparatus for detecting hearing defects and impairments, namely, hearing aids, medical hearing instruments; Audiometers for medical purposes
First Use Date in General
N/A
First Use Date in Commerce
N/A
Class [009]
Computer & Software Products & Electrical & Scientific Products
Spectacles; spectacle lenses, namely, organic lenses, mineral lenses, corrective lenses, progressive lenses, sunglass lenses, polarized lenses, filtering lenses, tinted lenses, colored lenses, light-sensitive lenses, photochromic lenses, electrochromic lenses, treated lenses, coated lenses, anti-reflective lenses, semi-finished lenses; downloadable software for measuring and displaying optical, ophthalmic and facial parameters; recorded software program for measuring and displaying ophthalmic, optical and facial parameters; apparatus and instruments for measuring and displaying optical, ophthalmic and facial parameters, namely, optical scanners; apparatus and instruments for measuring and displaying optical, ophthalmic and facial parameters, namely, apparatus and instruments in the nature of interactive touch screen terminal for measuring various parameters for spectacle lenses, including the shapes and dimensions of the spectacle frame and the position of the eyes in relation thereto; apparatus and instruments for taking optical, ophthalmic and facial measurements and parameters, namely, measuring rulers; photographic and video apparatus and instruments for capturing the image of the wearer of spectacle frames and printing the image with a view to assisting in the selection of spectacle frames in the nature of photographic cameras, video recorders and photo printers; apparatus and instruments in the nature of interactive touch screen terminal integrating a video camera, connected to downloadable interactive sales support software for vision optics professionals for enabling simulation of optical equipment on the customer's face as well as display of educational explanations and promotional information; Downloadable interactive sales support software for vision optics professionals for simulations of equipment on the customer's face; Downloadable software for promoting sales of spectacle lenses and spectacle frames through on-screen demonstrations; Downloadable software for online ordering of spectacle lenses and ophthalmic lenses; downloadable electronic publications, namely, downloadable electronic guides and information documents, quality certificates for spectacle frames, spectacles and ophthalmic lenses, certificates of control of the origin for spectacle frames, spectacles and ophthalmic lenses, analysis reports and documents for certification for the manufacture and processing of spectacle frames, spectacles and ophthalmic lenses, information leaflets for the certification, standardization and normalization concerning the manufacture and processing of spectacle frames, spectacles and ophthalmic lenses, all of the aforesaid products being in downloadable electronic form; downloadable virtual products, namely, computer programs featuring optical lenses, ophthalmic lenses, spectacle lenses, contact lenses, cases for contact lenses, spectacles, sunglasses, spectacle cases, spectacle frames, sunglass frames, spectacle chains, spectacle cords, spare parts for spectacle frames, all the aforesaid products intended for use online and in online virtual worlds
First Use Date in General
N/A
First Use Date in Commerce
N/A
Class [040]
Treatment & Processing of Materials Services
Custom manufacture in the nature of shaping and molding of spectacle lenses and ophthalmic lenses for eyeglasses; Custom manufacture in the nature of working, machining, sizing, cutting, drilling, grinding, edging, blanking, grooving, engraving, bevelling, counter bevelling, chamfering, surfacing, finishing, smoothing, polishing, fine reworking and stripping spectacle lenses and ophthalmic lenses for eyeglasses; Heat treatment and coating of spectacle lenses and ophthalmic lenses; Custom manufacture in the nature of shaping of spectacles for eyeglasses; Custom fitting of spectacle lenses and ophthalmic lenses for eyeglasses
First Use Date in General
N/A
First Use Date in Commerce
N/A
Class [007]
Machinery Products
Machines for the production of optical lenses and spectacle lenses in the nature of working, machining, trimming, cutting, drilling, grinding, edging, blanking, grooving, engraving, bevelling, counter-bevelling, chamfering, surface grinding, finishing, smoothing, polishing, fine reworking and stripping machines for spectacle lenses and ophthalmic lenses; Machines for the production of optical lenses and spectacle lenses in the nature of blocking spectacle lenses and ophthalmic lenses; Machines for the production of optical lenses and spectacle lenses, namely, spectacle lens and ophthalmic lens edgers; Structural and replacement parts and components of all the aforesaid goods
First Use Date in General
N/A
First Use Date in Commerce
N/A
Class [005]
Pharmaceutical Products
Sanitary preparations for medical purposes; cleansing solutions for medical use; sanitizing solutions for medical use; medical products for the care of contact lenses and spectacle lenses, namely disinfectants, wetting solutions and cleaning solutions for contact lenses; medical products for cleaning contact lenses and spectacle lenses, namely, disinfectants, wetting solutions and cleaning solutions for contact lenses; medical preparations for preserving contact lenses and lenses, namely, disinfectants, wetting solutions and cleaning solutions for contact lenses
First Use Date in General
N/A
First Use Date in Commerce
N/A
Class [001]
Chemical Products
Organic and mineral materials in the nature of polymer compositions, chemical preparations containing minerals and metallic compounds, and chemical preparations for use in the manufacture of optical coatings and top coats for spectacle lenses and ophthalmic lenses featuring scratch-resistant, impact-resistant, anti-reflective, optical, anti-UV, smudge-repellent, dust-repellent, rain-repellent, hydrophobic, oleophobic, and light-filtering properties
First Use Date in General
N/A
First Use Date in Commerce
N/A
Mark Details
Serial Number
No 79384362
Mark Type
No Service Mark
Attorney Docket Number
No 1443453
44D Filed
No
44D Current
No
44E filed
No
44E Current
No
66A Filed
Yes
66A Current
Yes
Current Basis
No
No Basis
No
Design Code(s)
02.11.02 -
Eyes
26.09.21 -
Squares that are completely or partially shaded
Legal History
| Status Date | Action Taken |
|---|---|
| 09th Oct 2024 | FINAL REFUSAL WRITTEN |
| 09th Oct 2024 | NOTIFICATION OF FINAL REFUSAL EMAILED |
| 09th Oct 2024 | FINAL REFUSAL E-MAILED |
| 24th Sep 2024 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| 24th Sep 2024 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| 24th Sep 2024 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| 12th Sep 2024 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| 12th Sep 2024 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| 12th Sep 2024 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| 30th Apr 2024 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |