| Serial Number | 79399948 |
| Word Mark | AUDIOWEAR |
| Filing Date | Friday, February 2, 2024 |
| Status | 661 - RESPONSE AFTER NON-FINAL ACTION - ENTERED |
| Status Date | Monday, March 3, 2025 |
| Registration Number | 0000000 |
| Registration Date | NOT AVAILABLE |
| Mark Drawing | 3 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | NOT AVAILABLE |
| Description of Mark | The mark consists of a design comprised of a line of shapes in the nature of, from left to right, a small horizontal oval followed by a larger circle, a larger vertical oval, and the smallest vertical oval. The wording "AUDIOWEAR" appears in a stylized font to the right of the design. |
| Goods and Services | Optical lenses; ophthalmic lenses; contact lenses; eyewear; eyeglasses; sunglasses; smart glasses; sports glasses; protective glasses; virtual reality glasses; 3D glasses; prescription, protective, and safety goggles; cases for spectacles; cases for eyeglasses; cases for sunglasses; cases for contact lenses; frames for spectacles; frames for eyeglasses; frames for sunglasses; chains for spectacles; chains for eyeglasses; chains for sunglasses; cords for spectacles; cords for eyeglasses; cords for sunglasses; spectacle lenses; eyeglass lenses; sunglass lenses; replacement lenses for glasses; parts for spectacles, namely, spectacle temples; nose pads for eyewear; wearable computers; wearable communications apparatus in the nature of spectacles; wearable computer peripheral devices; downloadable computer application software for use with wearable computer devices for integrated hearing technology; protective helmets for sports; protective helmets for motorists; eyeglass shields; face-protection shields; protective face-shields for protective helmets; lenses for protective face shields; amplifiers; sound amplifiers; transceivers; personal optical transceivers; electrical cables; power cables; extension cables; audio cables; connection cables; electric adapter cables; data transmission cables, namely, cables for electrical or optical signal transmission; electric cables and wires; data synchronization cables; cables for electrical signal transmission; high definition multimedia interface cables; cables for the transmission of sounds and images; battery adapters; batteries for use in hearing aids; extension cords; electronic power supplies for driving electric motors; low-voltage power supplies; high-voltage power supplies; portable power supplies being rechargeable batteries; induction transmitters; induction voltage regulators; oscillation sensor devices for detecting motion and oscillation frequency. |
| Goods and Services | Backpacks; tote bags; duffel bags; hiking bags; sports bags; carrying cases for documents; overnight cases; overnight bags; briefcases; luggage; travel bags; drawstring bags; trolley duffel bags for travel; key cases; wallets. |
| Pseudo Mark | AUDIO WEAR |
| Goods and Services | Retail store services in relation to eyewear; retail store services in relation to smart glasses; retail store services in relation to eyeglass lenses; retail store services in relation to sunglass lenses; retail store services in relation to contact lenses; retail store services in relation to eyeglass cases; retail store services in relation to sunglass cases; retail store services in relation to fashion accessories; retail store services in relation to clothing; retail store services in relation to footwear; retail store services in relation to headgear; retail store services in relation to luggage; retail store services in relation to bags; retail store services in relation to wearable computers; retail store services in relation to sports helmets; retail store services in relation to protective helmets; retail store services in relation to hearing aids; retail store services in relation to hearing apparatus for the deaf; wholesale store services in relation to eyewear; wholesale store services in relation to smart glasses; wholesale store services in relation to eyeglass lenses; wholesale store services in relation to sunglass lenses; wholesale store services in relation to contact lenses; wholesale store services in relation to eyeglass cases; wholesale store services in relation to sunglass cases; wholesale store services in relation to clothing; wholesale store services in relation to footwear; wholesale store services in relation to headgear; wholesale store services in relation to luggage; wholesale store services in relation to bags; wholesale store services in relation to wearable computers; wholesale store services in relation to sports helmets; wholesale store services in relation to protective helmets; wholesale store services in relation to hearing aids; wholesale store services in relation to hearing apparatus for the deaf; online retail store services in relation to eyewear; online retail store services in relation to clothing; online retail store services in relation to footwear; online retail store services in relation to headgear; online retail store services in relation to luggage; online retail store services in relation to bags; online retail store services in relation to sports helmets; online retail store services in relation to protective helmets; online retail store services in relation to hearing aids; import-export agency services; marketing services; provision of an on-line marketplace for buyers and sellers of goods and services; provision of information and advice to consumers regarding the selection of products and items to be purchased; procurement services, namely, purchasing eyewear, smart glasses, wearable computers, and hearing aids for others; procurement of goods, namely, purchasing eyewear, smart glasses, wearable computers, and hearing aids on behalf of other businesses; provision of business information. |
| Goods and Services | Medical services; medical health assessment services; health-care services; professional consultancy relating to health care; health assessment services; advisory services relating to health; medical care; medical consultancy relating to hearing loss; speech and hearing therapy; providing hearing testing services; consultancy relating to hearing tests; fitting of hearing aids; rental of medical and health care equipment. |
| Goods and Services | Acoustic amplifiers for partially deaf persons, namely, hearing aids; acoustic amplifiers being hearing aids for partially deaf persons; hearing aids; hearing aids for the deaf; hearing apparatus for the deaf, namely, prostheses and prosthetics in the form of hearing aids; ear adaptors for hearing aids; medical instruments for use as aids to hearing, namely, hearing aids. |
| Goods and Services | Product design and development in the field of optometry and hearing; design and development of consumer products; design and development of medical technology; design and development of diagnostic apparatus; design and development of medical diagnostic apparatus; design and development of testing and analysis methods in the field of optometry and hearing; design and development of computer software for use with medical technology; development and design of mobile applications in the field of {specify field or subject matter}; providing online, non-downloadable software for optometry and hearing; providing online non-downloadable software for use in communication. |
| International Class | 035 - Advertising; business management; business administration; office functions. |
| US Class Codes | 100, 101, 102 |
| Class Status Code | 6 - Active |
| Class Status Date | Thursday, July 18, 2024 |
| Primary Code | 035 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 009 - Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire extinguishing apparatus. |
| US Class Codes | 021, 023, 026, 036, 038 |
| Class Status Code | 6 - Active |
| Class Status Date | Thursday, July 18, 2024 |
| Primary Code | 009 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 010 - Surgical, medical, dental, and veterinary apparatus and instruments, artificial limbs, eyes, and teeth; orthopedic articles; suture materials. |
| US Class Codes | 026, 039, 044 |
| Class Status Code | 6 - Active |
| Class Status Date | Thursday, July 18, 2024 |
| Primary Code | 010 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 018 - Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides; trunks and traveling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery. |
| US Class Codes | 001, 002, 003, 022, 041 |
| Class Status Code | 6 - Active |
| Class Status Date | Thursday, July 18, 2024 |
| Primary Code | 018 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 042 - Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software. |
| US Class Codes | 100, 101 |
| Class Status Code | 6 - Active |
| Class Status Date | Thursday, July 18, 2024 |
| Primary Code | 042 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 044 - Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services. |
| US Class Codes | 100, 101 |
| Class Status Code | 6 - Active |
| Class Status Date | Thursday, July 18, 2024 |
| Primary Code | 044 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | Essilor International |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 99 - Other |
| Address | FR |
| Event Date | Event Description |
| Thursday, July 18, 2024 | SN ASSIGNED FOR SECT 66A APPL FROM IB |
| Thursday, July 25, 2024 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Thursday, July 25, 2024 | APPLICATION FILING RECEIPT MAILED |
| Tuesday, August 27, 2024 | ASSIGNED TO EXAMINER |
| Friday, August 30, 2024 | NON-FINAL ACTION WRITTEN |
| Saturday, August 31, 2024 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Monday, September 2, 2024 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Monday, September 2, 2024 | REFUSAL PROCESSED BY MPU |
| Saturday, September 21, 2024 | REFUSAL PROCESSED BY IB |
| Wednesday, February 26, 2025 | APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED |
| Wednesday, February 26, 2025 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Wednesday, February 26, 2025 | TEAS CHANGE OF OWNER ADDRESS RECEIVED |
| Monday, March 3, 2025 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Monday, March 3, 2025 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Monday, March 3, 2025 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Wednesday, February 26, 2025 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Wednesday, February 26, 2025 | TEAS CHANGE OF DOMESTIC REPRESENTATIVES ADDRESS |
| Wednesday, February 26, 2025 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |