FINAL REFUSAL - MAILED
mailed
on 12 Nov 2024
Last Applicant/ Owned by
A-1160 Wien
AT
Serial Number
79384175 filed on 29th Jun 2023
Registration Number
N/A
Correspondent Address
Michael J. Leonard
Filing Basis
1. filing basis filed as 66 a
Disclaimer
NO DATA
MAM
Beakers for babies, namely, wide-mouthed drinking cups for household use; non-electric heaters for feeding bottles for warming feeding bottles and for keeping feeding bottles warm; tightly sealable household storage containers of plastic, also suitable for sterilising, for feeding bottles and dummies; household or kitchen containers of plastic; insulated flasks for food or beverages; tableware in Read More
Classification Information
Class [044]
Medical, Beauty & Agricultural Services
Rental of breast pumps and vacuum pumps for medical purposes; services of a human milk bank, in particular collecting, storing, managing and distributing breast milk; advice and information services relating to goods used for breastfeeding and infant care, namely, pacifiers, bottle teats, baby bottles, feeding bottles, bottle teats, closures, caps and valves for baby bottles, teething rings and chains to facilitate teething, parts and fittings for all the aforesaid goods, breast pumps, nipple shields and vacuum pumps for medical purposes, collecting containers, secretion containers and bags for medical use, testing apparatus for medical purposes, including breast milk testing apparatus, breast pump membranes and breast shields, breast pump valves, bags and containers for collecting, freezing, storing, transporting, heating and feeding breast milk for medical purposes, apparatus, instruments and aids for taking food and medicines, in particular for premature babies, infants and children for medical purposes, nipple protectors, breast care products for medical purposes, steam cleaning and sterilizing bags and containers for medical purposes, cooling bags for medical purposes, clips for dummies, pacifier straps, dummy chains, spoons for administering medicine, thermometers for medical purposes, nasal aspirators, baby bottle handles, feeding cups, feeding bottles
First Use Date in General
N/A
First Use Date in Commerce
N/A
Class [041]
Education and Entertainment Services
Providing training in the field of pregnancy, breast-feeding, breast milk, expressing breast milk and medical vacuum technology and thorax drainage; providing information in the field of education
First Use Date in General
N/A
First Use Date in Commerce
N/A
Class [028]
Toys and Sporting Goods Products
Baby multiple activity toys; baby rattles; toy clocks; plush toys; soft sculpture toys; electronic learning toys; plush toys with attached comfort blankets, with or without attached pacifier
First Use Date in General
N/A
First Use Date in Commerce
N/A
Class [021]
Houseware and Glass Products
Beakers for babies, namely, wide-mouthed drinking cups for household use; non-electric heaters for feeding bottles for warming feeding bottles and for keeping feeding bottles warm; tightly sealable household storage containers of plastic, also suitable for sterilising, for feeding bottles and dummies; household or kitchen containers of plastic; insulated flasks for food or beverages; tableware in the nature of plates, bowls, serving scoops and non-electric cooking pot sets of plastic; toothbrushes; combs and sponges for household purposes; brushes, except paintbrushes, namely, hairbrushes, scrub brushes, bath brushes; articles for cleaning purposes, namely, cleaning sponges, cleaning cloths, cleaning mitts of fabric, pads for cleaning; cleaning brushes for feeding bottles; cleaning brushes for feeding bottle teats, cleaning brushes for household use; glassware, namely, drinking glasses, drinking bottles; porcelain, namely, porcelain mugs, porcelain cups, porcelain plates, porcelain bowls; earthenware, namely, earthenware mugs, earthenware cups, earthenware plates, earthenware bowls; bottles, sold empty; bags and containers for collecting, freezing, storing, transporting, heating and dispensing breast milk for household purposes; drinking cups; cups; training cups for babies and children; cups with spout for babies and children; insulating containers and insulating jars for food or beverage; household containers for storing and freezing of baby food; toilet equipment for personal care, namely, home dental care product for babies and children's gums and teeth, namely, finger brushes, straws for drinking; bowls and buckets; portable baby bath tubs; heat-insulated and isothermic containers and bags for keeping warm or cooling bottles or cups, in particular insulated bags for domestic use; plates and plate partitioned being dish drying racks; cup lids not of precious metal or coated therewith; insulating flasks; bottle openers; baby bottle drying racks; chamber pots
First Use Date in General
N/A
First Use Date in Commerce
N/A
Class [018]
Leather Products (not including clothing)
Baby diaper bags; baby backpacks; All-purpose carrying bags which feature a removable insert for holding a breast pump; slings for carrying infants
First Use Date in General
N/A
First Use Date in Commerce
N/A
Class [011]
Environmental Control Instrument Products (lighting,heating,cooling,cooking)
Lighting apparatus, namely, lighting installations; apparatus for heating, namely, heaters, electric, for feeding bottles, Hot water heaters; electric heater for infant food, Portable thermoelectric heating unit for food and beverages; apparatus for steam generating, namely, baby bottle sterilizers; apparatus for cooking, namely, cooking ovens, cooking pots, electric; steam ovens for cooking, electric cooking ovens for household purposes; cooking pans, electric; apparatus for cooling, namely, Milk cooling installations, Beverage cooling apparatus, Portable thermoelectric cooling unit for food and beverages; electric baby bottle heaters; steam sterilizers for medical use; pasteurisers for use in the food and beverage industry; electric night lights
First Use Date in General
N/A
First Use Date in Commerce
N/A
Class [010]
Medical Instrument Products
Pacifiers for babies, feeding bottle teats, baby bottles, feeding bottles; bottle teats, closures, caps and valves for baby bottles; teething rings and chains to facilitate teething, parts and fittings for all the aforesaid goods; breast pumps, nipple shields for breastfeeding and vacuum pumps for medical purposes; collecting containers, secretion containers and bags for medical waste; testing apparatus for medical purposes, in particular breast milk testing apparatus for medical purposes; breast pump membranes being replacement parts for breast pumps and breast shields; breast pump valves being replacement parts for breast pumps; bags and containers for collecting, freezing, storing, transporting, heating and dispensing breast milk for medical purposes; apparatus, instruments and aids for taking food and medicines, in particular for premature babies, infants and children for medical purposes, namely, pill splitters for dispensing unit doses of medicine, feeding cups for medical purposes; probes for medical purposes; nipple protectors for use in breastfeeding; breast care products for medical purposes, namely, breast shields; cooling bags for medical purposes, namely, cooling bags for medicines; clips for dummies; pacifier straps; dummy chains, namely pacifier clips and holders; spoons for administering medicine; thermometers for medical purposes; nasal aspirators; baby bottle handles being parts for baby bottles
First Use Date in General
N/A
First Use Date in Commerce
N/A
Class [008]
Hand Tool Products
Table cutlery for babies and infants; knives, forks and spoons made of plastic
First Use Date in General
N/A
First Use Date in Commerce
N/A
Class [005]
Pharmaceutical Products
Pharmaceuticals and sanitary preparations for medical use; sanitary preparations for medical purposes; surgical plasters; materials for dressings, namely, wound dressings, sterilized dressings, bandages for dressings, wadding for dressings, gauze for dressings; breast-nursing pads; disinfectants; wound filling material for medical use, namely, sterile wound dressings, liquid bandages for skin wounds, medical dressings; gel pads for medical purposes, namely, breast pads; dietetic preparations adapted for medical use; human breast milk and processed breast milk being food for infants; powdered milk for babies made from human breast milk
First Use Date in General
N/A
First Use Date in Commerce
N/A
Class [003]
Cosmetics and Cleaning Products
Non-medicated cosmetics and toiletry preparations; non-medicated dentifrices; perfumery; essential oils; baby wipes impregnated with cleaning solutions; baby wipes impregnated with cleaning preparations
First Use Date in General
N/A
First Use Date in Commerce
N/A
Mark Details
Serial Number
No 79384175
Mark Type
No Service Mark
Attorney Docket Number
No 191159.00095
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)
26.09.02 -
Plain single line squares
26.09.21 -
Squares that are completely or partially shaded
Legal History
| Status Date | Action Taken |
|---|---|
| 12th Nov 2024 | NOTIFICATION OF FINAL REFUSAL EMAILED |
| 12th Nov 2024 | FINAL REFUSAL E-MAILED |
| 12th Nov 2024 | FINAL REFUSAL WRITTEN |
| 14th Oct 2024 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| 14th Oct 2024 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| 14th Oct 2024 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| 08th May 2024 | REFUSAL PROCESSED BY IB |
| 12th Apr 2024 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| 12th Apr 2024 | REFUSAL PROCESSED BY MPU |
| 20th Mar 2024 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |