NON-FINAL ACTION - MAILED
final action
on 15 Oct 2024
Last Applicant/ Owned by
F-94220 Charenton-le-Pont
FR
Serial Number
79385507 filed on 10th 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;Software design and development, namely, development and testing of computing methods, algorithms and software; Scientific and technological services, namely, preparation of scientific and te Read More
Classification Information
Class [044]
Medical, Beauty & Agricultural Services
Services of opticians, optometrists and other ophthalmic optics professionals, namely, optician services, optometry services, providing primary vision care services, eye sight testing, correction and diagnosis of eye diseases and disorders, treatment and management of vision changes and condition, fitting of optical lenses, and eyeglass fitting; 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;Software design and development, namely, development and testing of computing methods, algorithms and software; Scientific and technological services, namely, preparation of scientific and technical reports in the field of ophthalmic optics
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 the goods and services of others, including in electronic form online; Distribution of catalogs of others for promotional and advertising purposes; dissemination of advertising materials, namely, leaflets, prospectuses, printed matter, and samples; Establishing statistics, namely, compilation of statistics; collection and systematization of business data into computer databases; Public opinion polling; arranging and conducting of business competitions for business to compete for recognition and business management support all for the purposes of improving the management and direction of business and promoting sales and to facilitate the promotion and advertisement of optical and ophthalmic business activities; marketing services; promoting the goods of others on all communication media, for retail promotion purposes; promoting the goods and services of others; organization of sales and service promotion activities in the nature of events, exhibitions, fairs, and shows to build customer loyalty; customer loyalty services and customer club services, for commercial, promotional and advertising purposes; advertising and sales promotion for others, including via telecommunications and 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 refractometers, 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 in the nature of eye charts for medical examination use, eye separators for eyesight testing apparatus and removable covers for eyesight testing, apparatus for screening hearing defects and disorders, and audiometers; retail store services featuring virtual goods, namely, sanitary products for medical purposes, cleansing solutions for medical purposes, 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 machines, machining, trimming, carving, drilling, grinding, edging, blanking, grooving, engraving, bevelling, counter-bevelling, chamfering, surface grinding, finishing, smoothing, polishing, retouching and stripping 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 blanks and blanks, semi-finished blanks for spectacle lenses, contact lenses, cases for spectacle lenses, cases for ophthalmic lenses, spectacle cases, cords and chains for spectacles, software for measuring and displaying optical parameters, ophthalmic and facial apparatus, apparatus and instruments for measuring and displaying optical parameters, ophthalmic and facial apparatus, apparatus and instruments for measuring and displaying optical parameters, ophthalmic and facial apparatus and instruments, namely, apparatus and instruments for measuring various parameters for spectacle lenses, including the shape and dimensions of the spectacle frame and the eye position with the same, apparatus and instruments for taking measurements and optical parameters, ophthalmic and facial apparatus, photographic and video apparatus and instruments for the image of the wearer of spectacle frames and printing of the image, to assist in the selection of spectacle frames, apparatus and instruments incorporating a video camera, connected to interactive sales support software for vision optics professionals, and that enables the simulation of the optical equipment on the customer's face as well as the display of educational explanations or promotional information, interactive sales support software for vision optics professionals: to enable users to generate simulations of the equipment on the face of the customer, software dedicated to promoting the sale of spectacle lenses and spectacle frames by means of demonstrations and simulations on screen, online ordering software for spectacle lenses and ophthalmic lenses, medical apparatus and instruments, instruments for ophthalmological examination, medical imaging apparatus for ophthalmological use, tomographs and angiographs for ophthalmological use, ophthalmoscopes, pupillometers, corneal reflection pupillometers, phoropters, frontofocometers, vertical angle refractometers, 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 movement in response to visual stimuli, head rests, chin rests and nose rests, reading scales in the nature of eye charts for medical examination use, eye separators for eyesight testing apparatus and removable covers for eyesight tests, apparatus for screening hearing defects and disorders, and audiometers; 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, 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 refractometers, 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 in the nature of eye charts for medical examination use, eye separators for eyesight testing apparatus and removable covers for eyesight testing, apparatus for screening hearing defects and disorders, and audiometers
First Use Date in General
N/A
First Use Date in Commerce
N/A
Class [016]
Paper Goods and Printed Material
Printed publications, 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; Bags, envelopes and pouches for packaging purposes, made of paper and plastic materials; analysis reports and certification documents in the fields of 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; Phoropters for ophthalmologic use; Meters for medical use, namely, frontofocometers; vertex refractometers; Medical apparatus for screening vision defects and disorders; Medical apparatus for measuring and testing visual acuity and vision; vision testing apparatus and instruments for medical purposes, in particular for the examination of visual behavior; 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; Eye separators for eyesight testing apparatus and removable covers for eyesight testing for medical purposes; Medical apparatus for detecting hearing defects and impairments; 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; 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 in the nature of photographic cameras, video recorders and photo printers 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 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 to enable users to generate simulations of equipment on the customer's face; Downloadable software for use in promoting sales of spectacle lenses and spectacle frames for on-screen demonstrations and to enable users to generate simulations of the equipment on the face of the customer; Downloadable software for online ordering of spectacle lenses and ophthalmic lenses; downloadable electronic publications, namely, downloadable electronic guides and information documents in the field of spectacles and ophthalmic lenses, 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 in the field of the manufacture and processing of spectacle frames, spectacles and ophthalmic lenses, information leaflets in the field of 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 computer programs for creating image files of optical lenses, ophthalmic lenses, spectacle lenses, contact lenses, cases for contact lenses, spectacles, sunglasses, spectacle cases, spectacle frames, sunglass frames, spectacle chains, spectacle cords, and spare replacement parts for spectacle frames for use online and in online virtual worlds; downloadable virtual goods in the nature of image files of ophthalmic lenses, spectacle lenses, contact lenses, cases for contact lenses, spectacles, sunglasses, spectacle cases, spectacle frames, sunglass frames, spectacle chains, spectacle cords, and replacement parts for spectacle frames for use 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 shaping and molding of spectacle lenses and ophthalmic lenses; Custom manufacture of spectacle lenses for others involving the working in the nature of shaping, machining, sizing, cutting, drilling, grinding, edging, blanking, grooving, engraving, bevelling, counter bevelling, chamfering, surfacing, finishing, smoothing, polishing, fine reworking in the nature of tinting and stripping of spectacle lenses and ophthalmic lenses; Heat treatment and coating of spectacle lenses and ophthalmic lenses; Custom shaping of spectacles for others; Custom fitting of spectacle lenses and ophthalmic lenses for others
First Use Date in General
N/A
First Use Date in Commerce
N/A
Class [007]
Machinery Products
Machines for the production of spectacle lenses and ophthalmic lenses featuring working, machining, trimming, cutting, drilling, grinding, edging, blanking, grooving, engraving, bevelling, counter-bevelling, chamfering, surface grinding, finishing, smoothing, polishing, fine reworking and stripping functions; Machines for the production of optical lenses, namely, spectacle lens and ophthalmic lens power-operated 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
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 79385507
Mark Type
No Service Mark
Attorney Docket Number
No 1443454
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
24.19.01 -
Power button on/off symbol
26.03.21 -
Ovals that are completely or partially shaded
26.03.28 -
Miscellaneous designs with overall oval shape, including amoeba-like shapes and irregular ovals
27.01.01 -
Letters or numerals, including punctuation, forming representations of human beings or parts of human beings
Legal History
| Status Date | Action Taken |
|---|---|
| 15th Oct 2024 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| 15th Oct 2024 | NON-FINAL ACTION E-MAILED |
| 15th Oct 2024 | NON-FINAL ACTION WRITTEN |
| 24th Sep 2024 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| 24th Sep 2024 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| 24th Sep 2024 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| 10th Sep 2024 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| 10th Sep 2024 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| 10th Sep 2024 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| 30th Apr 2024 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |