| Serial Number | 79370873 |
| Word Mark | FIELMANN |
| Filing Date | Friday, January 13, 2023 |
| Status | 641 - NON-FINAL ACTION - MAILED |
| Status Date | Friday, March 22, 2024 |
| Registration Number | 0000000 |
| Registration Date | NOT AVAILABLE |
| Mark Drawing | 4000 - Illustration: Drawing with word(s) / letter(s) / number(s) in Block form |
| Published for Opposition Date | NOT AVAILABLE |
| Goods and Services | Training and education, in particular conducting training for franchisees in the field of eyeglass retailing |
| Goods and Services | Shaping of eyeglass lenses and ophthalmic lenses, namely, custom manufacturing of eyeglass lenses and ophthalmic lenses; machining of eyeglass lenses and ophthalmic lenses to modify the optical parameters for others; treatment of eyeglass lenses and ophthalmic lenses to modify the optical parameters; fabricating, cutting, engraving, surface finishing, finishing, glass polishing, and bright glass polishing of eyeglass lenses and ophthalmic lenses for others; coating being finishing of eyeglass lenses and ophthalmic lenses for others; machining of eyeglasses within the manufacturing process for others; fitting of eyeglass lenses and ophthalmic lenses |
| Goods and Services | Optical frequency metrology devices; optical goods, visual aids, optical devices and instruments as well as their individual parts, in particular eyeglasses, eyeglass frames, eyeglass lenses, sunglasses, sports glasses, smartglasses, vr eyeglasses, contact lenses, optical lenses, prisms, magnifying glasses, binoculars, microscopes; reading glasses, opera glasses; eyeglasses also as mounted and unmounted lenses, also as magnifying vision aids; accessories for the aforesaid goods, in particular spectacle chains, spectacle straps, spectacle cases, contact lens cases, containers specially adapted for eyeglasses; data processing equipment for ophthalmic optics; downloadable software for measuring and displaying optical, ophthalmological and/or facial parameters; apparatus for recording, transmitting and reproducing sound; parts and accessories for hearing acoustics for all the aforesaid goods, namely, acoustic couplers, batteries, earpieces for remote communication, electric switches, connection amplifiers, transducer apparatus in the nature of electrical transducers with and without amplifiers for converting acoustic signals into electrical and/or optical signals, accumulators and battery chargers for accumulators, special cases for earphones, data processing equipment for hearing acoustics; devices and apparatus of a wired or wireless sensor network for measuring, monitoring, recording and transmitting acoustic and optical signals and information, namely, acoustic conduits; downloadable software for processing the measured acoustical and optical parameters; downloadable software for remote ordering of ophthalmic optician products, acoustical products, for ophthalmic optician services and for services of an acoustician and for sales promotion in this field; downloadable virtual and augmented reality software for operating acoustic instruments; downloadable software for the optician and hearing aid trade for customizing acoustic instruments; downloadable application simulation software for simulating sounds; downloadable software for virtual measurement, processing and 3d adjustment of the parameters of the head for the individual manufacture of glasses and hearing aids; downloadable software for virtual measurement of vision and hearing; downloadable application software for computers, notebooks, laptops, tablets, smartphones and mobile devices for customizing hearing devices |
| Goods and Services | Cleaning solutions for medical purposes; care products in the nature of disinfectants for contact lenses; cleaning solutions for contact lenses; preparations in the nature of solutions for contact lenses for the storage of contact lenses; eye drops for medical purposes |
| Goods and Services | Provision of access to the internet; provision of access to platforms and portals in the nature of electronic sites on the internet; the aforementioned services, in particular in the field of ophthalmic optics and hearing acoustics; telemedia and telecommunications services, in particular computer communication and internet access services in the nature of provision of access to the internet; provision of access to a global computer network featuring content, websites and internet portals; provision of access to a global computer network featuring websites and databases on the internet; provision of access to a global computer network featuring web sites; provision of access to computer databases; telecommunication services by means of portals in the nature of provision of access to the internet; telecommunication services in the nature of providing access to computer databases; providing access to databases on the internet |
| Goods and Services | Repair and maintenance of visual aids, hearing aids and hearing protection devices |
| Goods and Services | Cleaning preparations for eyeglasses, eyeglass lenses and hearing aids; cleaning solutions for eyeglass lenses |
| Goods and Services | Insurance brokerage |
| Goods and Services | Franchisor services, namely, assistance in the management of commercial enterprises in the nature of a retail store for the distribution of opticianry and hearing aid goods; assistance in the promotion, namely, sales promotion of products under a franchise agreement; arranging contracts, namely, Arranging of buying and selling contracts for third parties for the purchase and sale of opticianry and hearing aid goods; presentation of opticianry and hearing aid goods in retail communications media, namely, Providing television home shopping services in the field of opticanry and hearing aid goods; commercial management services, particularly in relation to optical and hearing aid goods and in relation to optical and hearing aid services; business data analysis, business research and business information services, particularly in relation to optical and hearing aid goods and in relation to optical and hearing aid services; retailing, wholesaling and online retail sale services, namely, retail and wholesale store services featuring cleaning preparations for eyeglasses, eyeglass lenses and hearing aids, cleaning solutions for eyeglass lenses; retailing, wholesaling and online retail sale services, namely, retail and wholesale store services featuring cleaning cloths for eyeglasses, cleaning solutions for medical purposes, care products for contact lenses, cleaning preparations for contact lenses, preparations for the storage of contact lenses, eye drops for medical purposes; retailing, wholesaling and online retail sale services, namely, retail and wholesale store services featuring optical devices and equipment, optical goods, visual aids, optical devices and instruments and their component parts, in particular eyeglasses, spectacle frames and frames, spectacle lenses, sunglasses, sports glasses, smartglasses, vr glasses, contact lenses, optical lenses, prisms, magnifying glasses, binoculars, microscopes, reading glasses, opera glasses; retailing, wholesaling and online retail sale services, namely, retail and wholesale store services featuring eyeglasses also as mounted and unmounted lenses, also as magnifying vision aids, accessories for the aforementioned goods, in particular spectacle chains, spectacle straps, spectacle cases, contact lens containers, containers for optical devices and instruments, data processing equipment for ophthalmic optics, electronic apparatus for measuring visual capacity, and ophthalmologic devices; retailing, wholesaling and online retail sale services, namely, retail and wholesale store services featuring apparatus and instruments for optical and optometric examinations and facial measurements, software for measuring and displaying optical, ophthalmic and/or facial parameters, devices and instruments for acoustical testing, equipment for recording, transmitting and reproducing sounds, parts and aural-acoustic accessories for all the aforementioned goods, namely, acoustic couplers, batteries, earphones, cords, tubes, switches, connection amplifiers; retailing, wholesaling and online retail sale services, namely, retail and wholesale store services featuring transducer devices with and without amplifiers for converting acoustic signals into electrical and/or optical signals, accumulators and chargers for accumulators, special cases for acoustic apparatus and instruments, data processing equipment for hearing acoustics, devices and apparatus of a wired or wireless sensor network for measuring, monitoring, recording and transmitting acoustic and optical signals and information; retailing, wholesaling and online retail sale services, namely, retail and wholesale store services featuring software for the processing of measured hearing-acoustic and optical parameters, software for remote ordering of optician products, hearing-acoustic products, for optician services and for hearing-acoustic services, as well as for sales promotion in this field, virtual and augmented reality software; retailing, wholesaling and online retail sale services, namely, retail and wholesale store services featuring software for the optician and hearing aid business, information in the field of optics, ophthalmic optics and hearing acoustics, application simulation software, software for the virtual measurement, processing and 3d adjustment of the parameters of the head for the custom manufacturing of visual aids and hearing aids; retailing, wholesaling and online retail sale services, namely, retail and wholesale store services featuring software for virtual measurement, of vision and hearing; retailing, wholesaling and online retail sale services, namely, retail and wholesale store services featuring application software for computers, notebooks, laptops, tablets, smartphones and mobile devices, medical apparatus and instruments for optical, ophthalmological, ophthalmic and optometric examinations, apparatus for detecting visual defects and disorders, devices for measuring and testing visual acuity and vision; retailing, wholesaling and online retail sale services, namely, retail and wholesale store services featuring medical apparatus and instruments related to hearing; retailing, wholesaling and online retail sale services, namely, retail and wholesale store services featuring hearing aids as well as their parts and hearing-acoustic accessories, namely, earpieces, cords, tubes, switches, connection amplifiers, transducer devices with and without amplifiers for converting acoustic signals into optical signals, electrical aids for the hearing impaired, earmolds and otoplastics, and with noise protection devices in the form of plastic or fitted ear inserts |
| Goods and Services | Services of an optician, namely, performing vision tests, measuring vision, fitting all types of visual aids to humans; information and advice in the field of optometry, professional optometry advice on the quality and use of optical products, glasses and contact lenses; fitting of glasses, spectacle frames, spectacle frames, spectacle lenses, fitting of contact lenses, fitting of optical contact lenses; services of an optician and of a hearing aid services care professional, namely, 3d fitting of vision and hearing aids by measuring the head, eyes and ears using smartphones, laptops and computers and other hardware; hearing aid services namely, performing hearing and speech tests; hearing aid services, namely, detection and analysis of hearing problems, fitting of hearing aids, prescription of hearing aids and instruments; hearing aid services in the nature of consulting in matters relating to the improvement of hearing performance and in relation to hearing, hearing aids, hearing aids and instruments |
| Goods and Services | Medical apparatus and instruments for optical and optometric examinations and facial measurements; medical apparatus and instruments for optical, ophthalmological, ophthalmic and optometric examinations; medical apparatus for detecting visual defects and disorders; electronic medical apparatus for measuring visual capacity; ophthalmologic devices, namely, eye protectors for post-surgery eye protection; medical apparatus for measuring and testing visual acuity and vision; medical devices and instruments for acoustical testing; medical apparatus and instruments relating to hearing, hearing aids and their parts and hearing-acoustic accessories, namely, cords and tubes specially adapted for hearing aids; electrical hearing aids for the hearing impaired; earmolds and otoplastics specially adapted for hearing aids; noise protection devices in the form of plastic or fitted ear inserts, namely, ear plugs for noise reduction |
| Goods and Services | Eyeglass cleaning cloths |
| Goods and Services | Technological consulting services in the field of vision and hearing improvement; provision of online non-downloadable software for virtual measurement, processing and 3d fitting of parameters of the head and eyes for custom manufacturing of vision aids; provision of online non-downloadable software for virtual measurement, vision and hearing; design and development of computer software and application programs for mobile and non-mobile computer systems; application hosting provider services, namely, hosting the computer software applications of others; application service provider services, namely, hosting the computer software applications of others; scientific and technological research in the field of ophthalmic optics and hearing acoustics; scientific research services including the development of testing, measurement and analysis methods in the field of ophthalmic optics and hearing acoustics; technological research services in the field of ophthalmology including the development and testing of computational methods, algorithms and software; scientific research including the preparation of scientific and technical reports in the field of ophthalmic optics and hearing acoustics; new product design of eyeglass lenses and ophthalmic lenses |
| 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 | Friday, June 2, 2023 |
| Primary Code | 003 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 005 - Pharmaceutical and veterinary preparations; sanitary preparations for medical purposes; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides. |
| US Class Codes | 052, 051, 005, 018, 006, 044, 046 |
| Class Status Code | 6 - Active |
| Class Status Date | Friday, June 2, 2023 |
| Primary Code | 005 |
| 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, 038, 026, 023, 036 |
| Class Status Code | 6 - Active |
| Class Status Date | Friday, June 2, 2023 |
| 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 | Friday, June 2, 2023 |
| Primary Code | 010 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 021 - Household or kitchen utensils and containers; combs and sponges; brushes (except paint brushes); brush-making materials; articles for cleaning purposes; steel-wool; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes. |
| US Class Codes | 002, 013, 023, 029, 030, 033, 040, 050 |
| Class Status Code | 6 - Active |
| Class Status Date | Friday, June 2, 2023 |
| Primary Code | 021 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 035 - Advertising; business management; business administration; office functions. |
| US Class Codes | 100, 102, 101 |
| Class Status Code | 6 - Active |
| Class Status Date | Friday, June 2, 2023 |
| Primary Code | 035 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 036 - Insurance; financial affairs; monetary affairs; real estate affairs. |
| US Class Codes | 100, 101, 102 |
| Class Status Code | 6 - Active |
| Class Status Date | Friday, June 2, 2023 |
| Primary Code | 036 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 037 - Building construction; repair; installation services. |
| US Class Codes | 100, 103, 106 |
| Class Status Code | 6 - Active |
| Class Status Date | Friday, June 2, 2023 |
| Primary Code | 037 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 038 - Services allowing people to communicate with another by a sensory means. |
| US Class Codes | 104, 100, 101 |
| Class Status Code | 6 - Active |
| Class Status Date | Friday, June 2, 2023 |
| Primary Code | 038 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 040 - Treatment of materials. |
| US Class Codes | 103, 106, 100 |
| Class Status Code | 6 - Active |
| Class Status Date | Friday, June 2, 2023 |
| Primary Code | 040 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 041 - Education; providing of training; entertainment; sporting and cultural activities. |
| US Class Codes | 107, 100, 101 |
| Class Status Code | 6 - Active |
| Class Status Date | Friday, June 2, 2023 |
| Primary Code | 041 |
| 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, June 2, 2023 |
| 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 | Friday, June 2, 2023 |
| Primary Code | 044 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | Fielmann AG |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 03 - Corporation |
| Address | DE |
| Event Date | Event Description |
| Friday, March 22, 2024 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Friday, March 22, 2024 | NON-FINAL ACTION E-MAILED |
| Friday, March 22, 2024 | NON-FINAL ACTION WRITTEN |
| Wednesday, March 13, 2024 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Tuesday, March 12, 2024 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Tuesday, March 12, 2024 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Wednesday, January 17, 2024 | CORRECTION SENT TO IB |
| Tuesday, January 16, 2024 | CORRECTION CREATED FOR IB |
| Monday, November 13, 2023 | REFUSAL PROCESSED BY IB |
| Thursday, October 26, 2023 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Thursday, October 26, 2023 | REFUSAL PROCESSED BY MPU |
| Thursday, October 19, 2023 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Wednesday, October 18, 2023 | NON-FINAL ACTION WRITTEN |
| Wednesday, October 11, 2023 | ASSIGNED TO EXAMINER |
| Tuesday, June 6, 2023 | APPLICATION FILING RECEIPT MAILED |
| Friday, June 2, 2023 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Thursday, June 1, 2023 | SN ASSIGNED FOR SECT 66A APPL FROM IB |