| Serial Number | 97727752 |
| Word Mark | BAUSCH + LOMB LUMIFY EYE ILLUMINATIONS HYDRA-GEL BRIGHTENING EYE CREAM NIACINAMIDE + VITAMIN C + OPTIC BRIGHTENERS CLINICALLY PROVEN & HYPOALLERGENIC |
| Filing Date | Wednesday, December 21, 2022 |
| Status | 645 - FINAL REFUSAL - MAILED |
| Status Date | Wednesday, April 3, 2024 |
| 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 trade dress applied to one side of three-dimensional product packaging. At the top of the mark is the stylized wording "BAUSCH + LOMB" in purple, below which is the stylized wording "LUMIFY EYE ILLUMINATIONS" in gray. Below this wording is the design of a cosmetics tube with a purple body and gray top. Superimposed upon the design of the cosmetics tube is a semi-transparent purple rectangular shape with a missing bottom right corner. Inside the rectangular shape is the stylized white wording "HYDRA-GEL", below which is the stylized white wording "Brightening Eye Cream", below which is a purple horizontal line. Below this line is the stylized white wording "NIACINAMIDE + VITAMIN C + OPTIC BRIGHTENERS". Below the design of the cosmetics tube is the stylized white wording "CLINICALLY PROVEN & HYPOALLERGENIC". The mark has a gray background that becomes progressively darker from the top to the bottom. The dotted outline of the packaging and cosmetics tube packaging depicted in the center of the drawing is intended to show the position of the mark and is not part of the mark. |
| Pseudo Mark | BAUSCH PLUS LOMB LUMIFY EYE ILLUMINATIONS HYDRA GEL BRIGHTENING EYE CREAM NIACIAMIDE PLUS VITAMIN C PLUS OPTIC BRIGHTENERS CLINICALLY PROVEN AND HYPOALLERGENIC |
| Goods and Services | Cosmetic preparations; Eye cream; Non-medicated skin care preparations; all the aforementioned goods being hypoallergenic and containing niacinamide and vitamin C |
| Indication of Colors claimed | The color(s) gray, white, purple is/are claimed as a feature of the mark. |
| NOT AVAILABLE | "EYE," "HYDRA-GEL," "BRIGHTENING EYE CREAM," "NIACINAMIDE + VITAMIN C + OPTIC BRIGHTENERS," and "CLINICALLY PROVEN & HYPOALLERGENIC" |
| International Class | 003 - Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices. |
| US Class Codes | 001, 004, 006, 050, 051, 052 |
| Class Status Code | 6 - Active |
| Class Status Date | Wednesday, January 25, 2023 |
| Primary Code | 003 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | Bausch & Lomb Incorporated |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 03 - Corporation |
| Address | Rochester, NY 14609 |
| Event Date | Event Description |
| Saturday, December 24, 2022 | NEW APPLICATION ENTERED |
| Wednesday, January 25, 2023 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Thursday, January 26, 2023 | NOTICE OF DESIGN SEARCH CODE E-MAILED |
| Tuesday, August 15, 2023 | ASSIGNED TO EXAMINER |
| Monday, August 21, 2023 | NON-FINAL ACTION WRITTEN |
| Monday, August 21, 2023 | NON-FINAL ACTION E-MAILED |
| Monday, August 21, 2023 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Friday, November 17, 2023 | APPLICATION EXTENSION GRANTED/RECEIPT PROVIDED |
| Friday, November 17, 2023 | APPLICATION EXTENSION TO RESPONSE PERIOD - RECEIVED |
| Monday, February 12, 2024 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Monday, February 12, 2024 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Tuesday, June 25, 2024 | APPLICATION EXTENSION TO RESPONSE PERIOD - RECEIVED |
| Tuesday, June 25, 2024 | APPLICATION EXTENSION GRANTED/RECEIPT PROVIDED |
| Monday, February 12, 2024 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Wednesday, April 3, 2024 | FINAL REFUSAL WRITTEN |
| Wednesday, April 3, 2024 | FINAL REFUSAL E-MAILED |
| Wednesday, April 3, 2024 | NOTIFICATION OF FINAL REFUSAL EMAILED |
| Tuesday, October 1, 2024 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Tuesday, October 1, 2024 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Tuesday, October 1, 2024 | TEAS REQUEST FOR RECONSIDERATION RECEIVED |