| Serial Number | 79385827 |
| Word Mark | FIELMANN GROUP |
| Filing Date | Thursday, August 10, 2023 |
| Status | 641 - NON-FINAL ACTION - MAILED |
| Status Date | Thursday, April 25, 2024 |
| Registration Number | 0000000 |
| Registration Date | NOT AVAILABLE |
| Mark Drawing | 4 - Illustration: Drawing with word(s) / letter(s) / number(s) in Block form |
| Published for Opposition Date | NOT AVAILABLE |
| Goods and Services | Providing training and education, in particular offering and conducting of training measures for franchisees |
| Goods and Services | Forming [custom manufacturing] of spectacle lenses and ophthalmic lenses; treatment of spectacle lenses and ophthalmic lenses to change the optical properties; processing, treatment and reworking of spectacle lenses and ophthalmic lenses, namely, grinding and tinting of spectacle and ophthalmic lenses to change the optical properties; custom manufacturing of spectacle lenses and ophthalmic lenses by means of cutting, trimming, drilling, grinding, stretching, milling, engraving, bevelling, edging, chamfering, surface treatment, finishing, smoothing, polishing, buffing of spectacle and ophthalmic lenses; coating of spectacle lenses and ophthalmic lenses; processing of spectacles as part of production for individual requirements; custom manufacture of spectacle lenses and ophthalmic lenses to meet individual needs |
| Goods and Services | Optical devices and equipment; optical goods; visual aids, optical devices and instruments and their individual parts, in particular spectacles, spectacle frames and spectacle frames, spectacle lenses, sunglasses, sports glasses, smart glasses, VR glasses, contact lenses, optical lenses, prisms, magnifying glasses, binoculars, microscopes; reading glasses; opera glasses; spectacles also as framed and unframed single lenses, also as magnifying visual aids; accessories for the aforesaid goods, in particular spectacle chains, spectacle straps, spectacle cases, contact lens cases, cases for optical devices and instruments, included in this class, data processing equipment for ophthalmic optics; software for measuring and displaying optical, ophthalmic and/or facial parameters; devices for recording, transmission and reproduction of sound; parts and audio-acoustic accessories for all the aforesaid goods, included in this class, namely, acoustic couplers, batteries, earphones, switches, connection amplifiers, converters with and without amplifiers for converting acoustic signals into electrical and/or optical signals, accumulators (electric) and chargers for accumulators, special cases for acoustic apparatus and instruments, data processing equipment for hearing aids; wired or wireless sensor network devices and apparatus for measuring, monitoring, recording and sending acoustic and optical signals and information; software for processing the measured auditory acoustic and optical parameters; software for remote ordering and promotion of optometry products, hearing care products, optometry services and hearing care professional services; virtual and augmented reality software; software for the optician and hearing care professional trade; information [recorded/downloadable] in the field of optics, ophthalmic optics and hearing acoustics; application simulation software; software for virtual measurement, processing and 3D adjustment of the parameters of the head for the individual production of spectacles and hearing aids; software for virtual measurement of vision and hearing; application software [apps] [recorded and downloadable] for computers, notebooks, laptops, tablets, smartphones and mobile terminals |
| Goods and Services | Cleansing solutions for medical use; solutions for neutralizing and sterilizing contact lenses; contact lens cleaning preparations; preparations for storing contact lenses (included in this class); eye drops for medical purposes |
| Goods and Services | Providing access to platforms and portals on the internet; the aforesaid services in particular in the field of optics and hearing acoustics; telemedia and telecommunications services, in particular computer communication and internet access services; providing access to content, websites and portals; providing access to websites and databases on the internet; providing access to electronic sites; providing access to computer databases; telecommunication gateway services; telecommunication services for providing access to computer databases; arranging access to databases on the internet; forwarding of users to websites, in particular in relation to optical goods and in relation to optician services; consultancy and information in relation to the aforesaid services, included in this class; providing access to information on the internet |
| Goods and Services | Repair and maintenance of visual aids, hearing aids and hearing protection devices |
| Goods and Services | Cleaning preparations for spectacles, spectacle lenses and hearing aids; eyeglass lens cleaning solutions |
| Goods and Services | Insurance brokerage |
| Goods and Services | Services provided by a franchisor, namely, business assistance in the establishment, development, setup, management and administration of a retail store for the sale of optical goods and hearing aids; assistance in product commercialization within the framework of a franchise contract; arranging of contracts for the purchase and sale of optician's and hearing care professional's goods; presentation of optical and hearing aid goods in communication media for retail; collection of optician's and hearing care professional's goods for presentation and sales purposes; business management and administrative services, in particular in relation to optician's and hearing care professional's goods, and in relation to optician's and hearing care professional's services; professional business analysis, research and information services, in particular in relation to optician's goods and hearing care professional's goods, and in relation to optician's and hearing care professional's services; consultancy and information in relation to the aforesaid services, included in this class; retailing, wholesaling and online trading in relation to cleaning preparations for spectacles, spectacle lenses and hearing aids, cleaning solutions for spectacle lenses; retailing, wholesaling and online trading in relation to cleaning cloths for spectacles, cleaning solutions for medical purposes, preparations for the care of contact lenses, cleaning preparations for contact lenses, preparations for storing contact lenses, eye drops for medical purposes; retailing, wholesaling and online trading in relation to optical devices and equipment, optical goods, visual aids, optical devices and instruments and individual parts therefor, in particular spectacles, spectacle frames, spectacle lenses, sunglasses, sports glasses, smart glasses, VR glasses, contact lenses, optical lenses, prisms, magnifying glasses, binoculars, microscopes, reading glasses, opera glasses; retailing, wholesaling and online trading in relation to spectacles, including framed and unframed lenses, including magnifying vision aids, accessories for the aforesaid goods, in particular spectacle chains, spectacle straps, spectacle cases, contact lens cases, cases for optical devices and instruments, data processing equipment for ophthalmic optics, electronic devices for determining eyesight; retailing, wholesaling and online trading in relation to apparatus and instruments for optical and optometric examinations and facial measurements; retailing, wholesaling and online trading in relation to software for measuring and displaying optical, ophthalmological and/or facial parameters, devices and instruments for audiological examinations, devices for recording, transmission and reproduction of sounds, parts and audiological accessories for all the aforesaid goods, namely, acoustic couplers, batteries, earphones, cords, hoses, switches, connection amplifiers; retailing, wholesaling and online trading in relation to converters, with and without amplifiers, for converting acoustic signals into electrical and/or optical signals; retailing, wholesaling and online trading in relation to rechargeable batteries (electric) and chargers for rechargeable batteries, special cases for acoustic apparatus and instruments, data processing equipment for hearing aids, devices and apparatus for a wired or wireless sensor network for measuring, monitoring, recording and transmitting acoustic and optical signals and information; retailing, wholesaling and online trading in relation to software for processing the measured acoustic and optical parameters, software for remote ordering of optician's products, hearing care professional's products, for optician's services and for hearing care professional's services and for sales promotion in this field, virtual and augmented reality software; retailing, wholesaling and online trading with software for the optician's and hearing care professional's trade, information [recorded/downloadable] in the field of optics, ophthalmic optics and hearing acoustics, application simulation software, software for virtual measurement, processing and 3D adjustment of parameters of the head for the individual production of vision aids and hearing aids; retailing, wholesaling and online trading in relation to software for virtual measurement, vision and hearing; retailing, wholesaling and online trading in relation to application software (apps), recorded and downloadable, for computers, notebooks, laptops, tablets, smartphones and mobile terminals, 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 eyesight; retailing, wholesaling and online trading in relation to medical apparatus and instruments relating to hearing; retailing, wholesaling and online trading in relation to hearing aids and parts therefor and hearing aid accessories, namely, receivers, cords, hoses, switches, connection amplifiers, converter devices with and without amplifiers for converting acoustic signals into optical signals, electrical aids for the hearing impaired, ear inserts and ear molds and noise protection devices in the form of malleable or fitted ear inserts |
| Goods and Services | Services of opticians and contact lens specialists, in particular conducting eye tests, measuring eyesight, fitting all kinds of visual aids to people; optician's services, namely, information and consultancy in the field of ophthalmic optics; professional advice on the quality and use of optical products, spectacles and contact lenses; fitting of spectacles, spectacle frames, spectacle lenses; fitting of contact lenses; optician's and hearing care professional's services, namely, 3D adjustment of visual and hearing aids by measuring the head, eyes and ears using smartphones, laptops and computers and other hardware; services of a hearing care professional in relation to hearing aids, namely, conducting hearing and speech tests; conducting hearing tests to identify and analyze hearing problems; fitting hearing aids; prescribing hearing aids and instruments [medical service]; hearing care professional's services, namely, consultancy in matters of improving hearing performance and in relation to hearing, hearing aids, hearing devices and instruments; services for the preparation of mecial reports in the form of certificates for submission to authorities and health insurance companies in the aforementioned areas as a hearing care professional's service |
| Goods and Services | Apparatus and instruments for optical and optometric examinations and facial measurements; medical apparatus and instruments for optical, ophthalmological, ophthalmic and optometric examinations; apparatus for detecting visual defects and disorders; electronic devices for determining eyesight; ophthalmic apparatus; medical apparatus for measuring and checking visual acuity and eyesight; medical devices and instruments for hearing testing; medical apparatus and instruments relating to hearing, hearing aids and parts therefor and hearing aid accessories, namely, cords and tubes; electrical aids for the hearing impaired; eartips being parts of hearing aids; earmolds being parts of hearing aids; noise protection devices in the form of plastic or fitted ear inserts |
| Goods and Services | Spectacle cleaning cloths |
| Goods and Services | Technological advice on improving vision and hearing; providing non-downloadable and downloadable software for virtual measurement, processing and 3D adjustment of head and eye parameters for custom manufacturing of vision aids; providing non-downloadable and downloadable software for virtual measurement of vision and hearing; design and development of computer software and application programs for mobile and non-mobile computer systems [apps]; application hosting provider services; application service provider [ASP] services; scientific and technical research work in the field of ophthalmic optics and hearing acoustics; development of test, measurement and analysis methods in the field of ophthalmic optics and hearing acoustics; development and testing of computing methods, algorithms and software; preparation of scientific and technical reports in the field of ophthalmic optics and hearing aids; designing spectacle 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, December 22, 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 | 005, 006, 018, 044, 046, 051, 052 |
| Class Status Code | 6 - Active |
| Class Status Date | Friday, December 22, 2023 |
| Primary Code | 005 |
| 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 | 100, 101, 104 |
| Class Status Code | 6 - Active |
| Class Status Date | Friday, December 22, 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 | 100, 103, 106 |
| Class Status Code | 6 - Active |
| Class Status Date | Friday, December 22, 2023 |
| Primary Code | 040 |
| 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 | Friday, December 22, 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, December 22, 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, December 22, 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, 101, 102 |
| Class Status Code | 6 - Active |
| Class Status Date | Friday, December 22, 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, December 22, 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, December 22, 2023 |
| Primary Code | 037 |
| 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 | 100, 101, 107 |
| Class Status Code | 6 - Active |
| Class Status Date | Friday, December 22, 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, December 22, 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, December 22, 2023 |
| Primary Code | 044 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | Fielmann Group AG |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 25 - NOT AVAILABLE |
| Address | DE |
| Event Date | Event Description |
| Thursday, December 21, 2023 | SN ASSIGNED FOR SECT 66A APPL FROM IB |
| Friday, December 22, 2023 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Tuesday, December 26, 2023 | APPLICATION FILING RECEIPT MAILED |
| Thursday, April 11, 2024 | ASSIGNED TO EXAMINER |
| Thursday, April 11, 2024 | NON-FINAL ACTION WRITTEN |
| Friday, April 12, 2024 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Thursday, April 25, 2024 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Tuesday, May 14, 2024 | REFUSAL PROCESSED BY IB |
| Thursday, April 25, 2024 | REFUSAL PROCESSED BY MPU |