| Serial Number | 79331700 |
| Word Mark | EYESPACE |
| Filing Date | Wednesday, December 22, 2021 |
| Status | 700 - REGISTERED |
| Status Date | Tuesday, February 6, 2024 |
| Registration Number | 7295847 |
| Registration Date | Tuesday, February 6, 2024 |
| Mark Drawing | 3 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, November 21, 2023 |
| Description of Mark | The mark consists of the stylized wording "EYESPACE" and design. The design consists of two green concentric circles on a black square background creating black circles in the inner spaces between the green concentric circles. To the right of the design is the wording "EYESPACE" in a large font in black. The letters "EYE" appear in bold and the letters "SPACE" decrease in boldness with each letter. |
| Goods and Services | Contact lenses; contact lens containers; contact lens holders; corrective lenses; downloadable or recorded application software, for designing and manufacturing customised contact lenses, corrective lenses and other optical products; downloadable or recorded computer software for scanning, mapping, calculating, simulating and analysing eye shape, contour and size; downloadable or recorded computer software for digital measurement of eyes; downloadable or recorded computer software for taking digital measurements for contact lens fitting; downloadable or recorded computer software for calculating, designing, simulating and manufacturing contact lenses, corrective lenses and other optical products; downloadable or recorded computer software for recognition, diagnosis and treatment of ocular conditions and diseases; downloadable computer application software for mobile phones, namely, software for use in database management; downloaded computer software for use in scanning, mapping, calculating, simulating and analysing eye shape, contour and size; downloadable computer software applications for calculating, designing, simulating and manufacturing contact lenses, corrective lenses and other optical products; downloadable computer software applications for recognition, diagnosis and treatment of ocular conditions and diseases; downloadable or recorded computer programs and software for image processing from the internet; downloadable computer software platforms for use in designing and manufacturing customised contact lenses, corrective lenses and other optical products; downloadable or recorded computer software products for designing and manufacturing customised contact lenses, corrective lenses and other optical products; Recorded computer software programs for use in designing and manufacturing customised contact lenses, corrective lenses and other optical products; downloadable computer programs and recorded computer software for use in designing and manufacturing customised contact lenses, corrective lenses and other optical products; downloadable computer application software for use in designing and manufacturing customised contact lenses, corrective lenses and other optical products; downloadable or recorded interactive computer software for designing and manufacturing customised contact lenses, corrective lenses and other optical products; downloadable or recorded computer software packages for designing and manufacturing customised contact lenses, corrective lenses and other optical products; downloadable or recorded integrated software packages for designing and manufacturing customised contact lenses, corrective lenses and other optical products; downloadable or recorded packaged software for designing and manufacturing customised contact lenses, corrective lenses and other optical products; downloadable or recorded personal computer application software for designing and manufacturing customised contact lenses, corrective lenses and other optical products |
| Pseudo Mark | EYE SPACE |
| Indication of Colors claimed | The colors green and black are claimed as a feature of the mark. |
| Goods and Services | Software as a service (saas) services featuring software for use in scanning, mapping, calculating, simulating and analysing eye shape, contour and size; software as a service (saas) featuring software for digital measurement of eyes; software as a service (saas) featuring software for taking digital measurements for contact lens fitting; software as a service (saas) featuring software for calculating, designing, simulating and manufacturing contact lenses, corrective lenses and other optical products; software as a service (saas) featuring software for recognition, diagnosis and treatment of ocular conditions and diseases; platform as a service (paas) featuring computer software platforms for use in scanning, mapping, calculating, simulating and analysing eye shape, contour and size; software as a service (saas) featuring software for digital measurement of eyes; software as a service (saas) featuring software for taking digital measurements for contact lens fitting; software as a service (saas) featuring software for calculating, designing, simulating and manufacturing contact lenses, corrective lenses and other optical products; software as a service (saas) featuring software for recognition, diagnosis and treatment of ocular conditions and diseases; hosting of software as a service (saas) services, namely, hosting software for use by others for use in scanning, mapping, calculating, simulating and analysing eye shape, contour and size; online provision of temporary use of non-downloadable web-based applications for calculating, designing, simulating and manufacturing contact lenses, corrective lenses and other optical products; online provision of temporary use of non-downloadable web-based software for calculating, designing, simulating and manufacturing contact lenses, corrective lenses and other optical products; provision of temporary use of online non-downloadable web-based software for calculating, designing, simulating and manufacturing contact lenses, corrective lenses and other optical products; conversion of computer programs and data, other than physical conversion; maintenance of computer programs; maintenance of computer software; development of systems for the transmission of data for calculating, designing, simulating and manufacturing contact lenses, corrective lenses and other optical products; design of new consumer products |
| 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 | Friday, January 28, 2022 |
| Primary Code | 009 |
| 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 | Friday, January 28, 2022 |
| Primary Code | 042 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | Innovatus Technology Pty Ltd |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 99 - Other |
| Address | AU |
| Party Name | Innovatus Technology Pty Ltd |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 99 - Other |
| Address | AU |
| Party Name | Innovatus Technology Pty Ltd |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 99 - Other |
| Address | AU |
| Event Date | Event Description |
| Thursday, January 27, 2022 | SN ASSIGNED FOR SECT 66A APPL FROM IB |
| Friday, January 28, 2022 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Tuesday, February 1, 2022 | APPLICATION FILING RECEIPT MAILED |
| Wednesday, September 21, 2022 | ASSIGNED TO EXAMINER |
| Thursday, September 29, 2022 | NON-FINAL ACTION WRITTEN |
| Friday, September 30, 2022 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Saturday, November 5, 2022 | CHANGE OF NAME/ADDRESS REC'D FROM IB |
| Tuesday, December 13, 2022 | REFUSAL PROCESSED BY MPU |
| Tuesday, December 13, 2022 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Wednesday, January 4, 2023 | REFUSAL PROCESSED BY IB |
| Tuesday, June 6, 2023 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Tuesday, June 6, 2023 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Tuesday, June 6, 2023 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Wednesday, June 28, 2023 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
| Wednesday, June 28, 2023 | NOTIFICATION OF POSSIBLE OPPOSITION CREATED, TO BE SENT TO IB |
| Saturday, July 8, 2023 | NON-FINAL ACTION WRITTEN |
| Saturday, July 8, 2023 | NON-FINAL ACTION E-MAILED |
| Saturday, July 8, 2023 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Friday, July 21, 2023 | NOTIFICATION OF POSSIBLE OPPOSITION - PROCESSED BY IB |
| Monday, August 7, 2023 | REFUSAL PROCESSED BY IB |
| Tuesday, October 10, 2023 | EXAMINERS AMENDMENT -WRITTEN |
| Tuesday, October 10, 2023 | EXAMINERS AMENDMENT E-MAILED |
| Tuesday, October 10, 2023 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
| Tuesday, October 10, 2023 | EXAMINER'S AMENDMENT ENTERED |
| Monday, October 16, 2023 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Wednesday, November 1, 2023 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Wednesday, November 1, 2023 | NOTICE OF START OF OPPOSITION PERIOD CREATED, TO BE SENT TO IB |
| Tuesday, November 21, 2023 | PUBLISHED FOR OPPOSITION |
| Tuesday, November 21, 2023 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Monday, November 27, 2023 | NOTIFICATION PROCESSED BY IB |
| Tuesday, February 6, 2024 | NOTICE OF REGISTRATION CONFIRMATION EMAILED |
| Monday, May 6, 2024 | FINAL DISPOSITION NOTICE CREATED, TO BE SENT TO IB |
| Wednesday, May 8, 2024 | FINAL DISPOSITION NOTICE SENT TO IB |
| Monday, November 6, 2023 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
| Tuesday, February 6, 2024 | REGISTERED-PRINCIPAL REGISTER |
| Wednesday, May 8, 2024 | FINAL DISPOSITION PROCESSED |
| Sunday, June 2, 2024 | FINAL DECISION TRANSACTION PROCESSED BY IB |