| Serial Number | 79385827 |
| Word Mark | FIELMANN GROUP |
| Filing Date | Thursday, August 10, 2023 |
| Status | 661 - RESPONSE AFTER NON-FINAL ACTION - ENTERED |
| Status Date | Tuesday, October 8, 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 | Education and training services, namely, conducting workshops in the field of optics and ophthalmic optics and hearing aids for franchisees. |
| Goods and Services | 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; Applying coatings to spectacle lenses and ophthalmic lenses that materially alters the surface of the 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 namely, microscopes, telescopes, magnifying glasses; optical goods, namely, glasses, sunglasses, contact lenses, ; visual aids, optical devices and instruments and their individual parts, in particular, spectacles, spectacle frames, spectacle lenses, sunglasses, sports glasses, smart glasses, VR glasses, contact lenses, optical lenses, prisms for optic purposes, magnifying glasses, binoculars, and microscopes; reading glasses; opera glasses; Framed and unframed single lenses spectacles; accessories for the aforesaid goods, in particular, spectacle chains, spectacle straps, spectacle cases, contact lens cases, cases for eyeglasses, and data processing equipment for ophthalmic optics; Recorded and downloadable software for measuring and displaying optical, ophthalmic, and facial parameters; Apparatus for recording, transmission and reproduction of sound; parts and audio-acoustic accessories for all the aforesaid goods, namely, acoustic couplers, batteries, earphones, , connection amplifiers, electric converters with and without amplifiers for converting acoustic signals into electrical and optical signals, electric accumulators and chargers for electric accumulators, special cases for ear phones, and 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, namely, acoustic conduits; Recorded and downloadable software for processing measured auditory acoustic and optical data; Recorded and downloadable software for remote ordering and promotion of optometry products, hearing care products, optometry services and hearing care professional services; Recorded and downloadable virtual and augmented reality software for operating acoustic instruments; Recorded and downloadable computer software for the optician and hearing care professional trade for customizing acoustic instruments; Recorded and downloadable computer application simulation software for simulating sounds; Recorded and downloadable computer software for virtual measurement, processing, and 3D adjustment of the parameters of the head for the individual production of spectacles and hearing aids; Recorded and downloadable computer software for virtual measurement of vision and hearing; Recorded and downloadable computer application software for computers, notebook computers, laptops, tablets, smartphones and mobile terminals for customizing hearing devices. |
| Goods and Services | Cleansing solutions for medical use; solutions for neutralizing and sterilizing contact lenses; contact lens cleaning preparations; solutions for storing contact lenses (included in this class); eye drops for medical purposes |
| Goods and Services | Providing access to telecommunication networks, namely, platforms and portals on the internet; Providing access to telecommunication networks, namely, platforms and portals on the internet, all in the field of optics and hearing acoustics; telemedia and telecommunications services, in particular, communications by computer terminals and internet access services; Providing access to the Internet, namely, content, websites, and portals; providing access to websites and databases on the internet; Providing access to the Internet, namely, 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; Providing user access to the Internet, namely, to websites in relation to optical goods and in relation to optician services; consultancy and information in the field of telecommunications; Providing access to the Internet, namely, 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, for others; Providing television home shopping services in the field of optical and hearing aid goods; 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; Business consulting and information services; Wholesale and retail store services featuring cleaning preparations for spectacles, spectacle lenses and hearing aids, cleaning solutions for spectacle lenses; On-line trading services for cleaning preparations for spectacles, spectacle lenses and hearing aids, cleaning solutions for spectacle lenses in which users post requests for products and negotiate transactions via the Internet; Wholesale and retail store services featuring 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; On-line trading services for 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 in which users post requests for products and negotiate transactions via the Internet; Wholesale and retail store services featuring 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; On-line trading services for 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 in which users post requests for products and negotiate transactions via the Internet; Wholesale and retail store services featuring 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; On-line trading services for 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 in which users post requests for products and negotiate transactions via the Internet; Wholesale and retail store services featuring apparatus and instruments for optical and optometric examinations and facial measurements; On-line trading services for apparatus and instruments for optical and optometric examinations and facial measurements in which users post requests for products and negotiate transactions via the Internet; Wholesale and retail store services featuring software for measuring and displaying optical, ophthalmological and 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; On-line trading services for software for measuring and displaying optical, ophthalmological and 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 in which users post requests for products and negotiate transactions via the Internet; Wholesale and retail store services featuring converters, with and without amplifiers, for converting acoustic signals into electrical and optical signals; On-line trading services for converters, with and without amplifiers, for converting acoustic signals into electrical and optical signals in which users post requests for products and negotiate transactions via the Internet; Wholesale and retail store services featuring rechargeable electric batteries 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; On-line trading services for rechargeable electric batteries 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 in which users post requests for products and negotiate transactions via the Internet; Wholesale and retail store services featuring 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; On-line trading services for 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 in which users post requests for products and negotiate transactions via the Internet; Wholesale and retail store services featuring software for the optician's and hearing care professional's trade, 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; On-line trading services for software for the optician's and hearing care professional's trade, 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 in which users post requests for products and negotiate transactions via the Internet; Wholesale and retail store services featuring software for virtual measurement, vision and hearing; On-line trading services for software for virtual measurement, vision and hearing in which users post requests for products and negotiate transactions via the Internet; Wholesale and retail store services featuring application software, 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; On line trading services for application software, 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 in which users post requests for products and negotiate transactions via the Internet; Wholesale and retail store services featuring medical apparatus and instruments relating to hearing; On-line trading services for medical apparatus and instruments relating to hearing in which users post requests for products and negotiate transactions via the Internet; Wholesale and retail store services featuring 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; On-line trading services for 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 in which users post requests for products and negotiate transactions via the Internet. |
| Goods and Services | Optician services, namely, conducting eye tests, measuring eyesight, fitting visual aids to people; optician services, namely, information and consultancy in the field of medical ophthalmic optics; Providing professional medical advice regarding the quality and use of optical products, spectacles and contact lenses; fitting of spectacles, spectacle frames, spectacle lenses; fitting of contact lenses; Medical optician and hearing care professional 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; Medical services in the nature of prescribing hearing aids and instruments; hearing care services, namely, medical consultancy in matters of improving hearing performance and in relation to hearing, hearing aids, hearing devices and instruments; Providing medical information to authorities and health insurance companies in the form of reports in the field of hearing care. |
| NOT AVAILABLE | "GROUP" |
| Goods and Services | Apparatus and instruments for optical and optometric examinations and facial measurements, namely, 3D facial scanners, ophthalmoscopes, retinometers; medical apparatus and instruments for optical, ophthalmological, ophthalmic and optometric examinations, namely, slit lamp microscopes, ; apparatus for detecting visual defects and disorders, namely, tonometers, fundus cameras; electronic devices for determining eyesight, namely, refractometers, trial lens frames; ophthalmic apparatus, namely, endothelial microscopes; medical apparatus for measuring and checking visual acuity and eyesight, namely, phoropters, refractometers; medical devices and instruments for hearing testing, namely, audiometers, tympanometers; medical apparatus and instruments relating to hearing, hearing aids and parts therefor and hearing aid accessories, namely, cords and tubes specially adapted for hearing aids; electrical aids for the hearing impaired namely, electrical hearing aids for the hearing impaired; eartips being parts of hearing aids, namely, earplugs; earmolds being parts of hearing aids, namely, 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 | Spectacle cleaning cloths |
| Goods and Services | Technical advice relating to improving vision and hearing; Providing on-line non-downloadable software for virtual measurement, processing and 3D adjustment of head and eye parameters for custom manufacturing of vision aids; Providing on-line non-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; 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; Scientific research in the field of ophthalmic optics and hearing aids, namely, preparation of scientific and technical reports in the field of ophthalmic optics and hearing aids; design of 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 | 03 - Corporation |
| 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 |
| Friday, April 12, 2024 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Thursday, April 25, 2024 | REFUSAL PROCESSED BY MPU |
| Thursday, April 25, 2024 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Tuesday, December 26, 2023 | APPLICATION FILING RECEIPT MAILED |
| Thursday, April 11, 2024 | ASSIGNED TO EXAMINER |
| Thursday, April 11, 2024 | NON-FINAL ACTION WRITTEN |
| Tuesday, May 14, 2024 | REFUSAL PROCESSED BY IB |
| Thursday, September 19, 2024 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Thursday, September 19, 2024 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Tuesday, October 8, 2024 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Tuesday, October 8, 2024 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Tuesday, October 8, 2024 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Thursday, September 19, 2024 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Thursday, September 19, 2024 | TEAS CHANGE OF OWNER ADDRESS RECEIVED |
| Thursday, September 19, 2024 | APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED |