| Serial Number | 79357849 |
| Word Mark | SMART SHOPPER |
| Filing Date | Monday, June 6, 2022 |
| Status | 653 - SUSPENSION LETTER - MAILED |
| Status Date | Saturday, December 30, 2023 |
| 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 the stacked wording "SMART SHOPPER." Beside this wording is a stylized letter "S" with frayed ends. |
| Goods and Services | Downloadable computer software, downloadable computer programs and downloadable mobile application software, all for use in accessing personal shopping; downloadable computer software, downloadable computer programs and downloadable mobile application software for retailing and wholesaling, sizing apparel and eyewear, sizing wearable products, fitting apparel and eyewear, ordering products, customizing products, fitting wearable products, providing personal shopper services; downloadable computer software, downloadable computer programs and downloadable mobile application software for coordinating delivery of goods, face scanning and facial recognition, processing orders and sales of goods and services, processing prescriptions, providing optometry services, assessing eye health, assessing vision, providing fashion advice and fashion consultations, providing online retail and wholesale platforms; downloadable computer software, downloadable computer programs and downloadable mobile application software for communications and live communications with fashion experts, communications and live communications with eyewear consultants, live communications with optometry consultants, image and identity detection and identification, 3D imaging, automating shopping and fitting experiences; downloadable computer software, downloadable computer programs and downloadable mobile application software for authenticating and verifying identity and prescriptions, conducting financial transactions, publishing online product and service catalogues, making product recommendations, assessing requirements and personal preferences of users and making related suggestions and recommendations, displaying and demonstrating products and services; downloadable software for taking digital measurements for spectacle and lens fitting; downloadable mobile and computer application, downloadable mobile and computer software application, both for display and sale of eyewear |
| Goods and Services | Advertising and marketing services, namely, promoting the goods and services of others; personal purchasing assistance services for retail business customers, especially customer product selection; retail store services featuring apparel, clothing, footwear, bags and handbags, backpacks, umbrellas, cases; retail store services featuring eyewear, glasses, spectacles, sunglasses, protective eyewear, optical lenses, lenses for eyewear, frames for eyewear, cases for eyewear, apparel for protection from light and sun, straps, chains; retail store services featuring fashion accessories, parts for eyewear, accessories for eyewear, fittings for eyewear, nose pads for eyewear, eyewear chains and cords, apparatus for cleaning eyewear, solutions for cleaning eyewear, smart and computerized eyewear |
| NOT AVAILABLE | "SMART SHOPPER" |
| Goods and Services | Software as a service (SaaS) services featuring software for use in retailing, remote shopping, taking personal measurements, assessing personal preferences, assessing personal requirements, measuring products, fitting products, customizing products, eye tests, vision assessments, providing optometry services, displaying products, demonstrating products and services, processing of business and commercial orders, providing virtual fittings for users; platform as a service (PaaS) services featuring computer software platforms for use in retailing, remote shopping, taking personal measurements, assessing personal preferences, assessing personal requirements, measuring products, fitting products, customizing products, eye tests, vision assessments, providing optometry services, displaying products, demonstrating products and services, processing of business and commercial orders, providing virtual fittings for users; hosting platforms being hosting of websites, and providing temporary use of online non-downloadable software for use in retailing; hosting platforms being hosting of websites and providing temporary use of online non-downloadable software for enabling remote shopping; hosting platforms and providing temporary use of online non-downloadable software for the purposes of taking personal measurements, assessing personal preferences, assessing personal requirements, measuring products, fitting products, customizing products; hosting platforms and providing temporary use of online non-downloadable software for processing of business and commercial orders; hosting platforms and providing temporary use of online non-downloadable software for eye tests, vision assessments, providing optometry services, displaying products, demonstrating products and services; provision of information, advisory and consultancy services in relation to hosting of websites, software as a service (SAAS) services and platform as a service (PaaS) services; providing temporary use of on-line non-downloadable software to assist third party retailers and brands in selling their products by providing virtual fittings for users to try on goods and product recommendations by suggesting products to users; providing temporary use of online non-downloadable augmented reality software for virtual product fittings for users to try on goods; providing temporary use of online non-downloadable computer software to provide customers with text, messaging, email, voice, audio, and video communications via wireless networks and the internet, for e-commerce use as a payment gateway that authorizes processing of credit cards or direct payments for merchants, and for managing marketing campaigns for others; application service provider (ASP) services featuring software for use in connection with augmented reality technology using an avatar created using a webcam, kiosk, a motion sensing input device, or a 3D scanner that enables users to try on a wide range of accessories prior to purchase |
| 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 | Monday, December 19, 2022 |
| Primary Code | 009 |
| 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 | Monday, December 19, 2022 |
| Primary Code | 035 |
| 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 | Monday, December 19, 2022 |
| Primary Code | 042 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | LUXOTTICA GROUP S.p.A. |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 35 - NOT AVAILABLE |
| Address | IT |
| Event Date | Event Description |
| Saturday, December 17, 2022 | SN ASSIGNED FOR SECT 66A APPL FROM IB |
| Monday, December 19, 2022 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Friday, December 23, 2022 | APPLICATION FILING RECEIPT MAILED |
| Sunday, January 22, 2023 | NEW REPRESENTATIVE AT IB RECEIVED |
| Tuesday, March 21, 2023 | ASSIGNED TO EXAMINER |
| Wednesday, March 29, 2023 | NON-FINAL ACTION WRITTEN |
| Thursday, March 30, 2023 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Monday, May 22, 2023 | REFUSAL PROCESSED BY MPU |
| Monday, May 22, 2023 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Monday, June 12, 2023 | REFUSAL PROCESSED BY IB |
| Wednesday, November 22, 2023 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Wednesday, November 22, 2023 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Wednesday, November 22, 2023 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Wednesday, May 15, 2024 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
| Wednesday, May 15, 2024 | NOTIFICATION OF POSSIBLE OPPOSITION CREATED, TO BE SENT TO IB |
| Tuesday, June 11, 2024 | NOTIFICATION OF POSSIBLE OPPOSITION - PROCESSED BY IB |
| Saturday, December 30, 2023 | NOTIFICATION OF LETTER OF SUSPENSION E-MAILED |
| Saturday, December 30, 2023 | SUSPENSION LETTER WRITTEN |
| Saturday, December 30, 2023 | LETTER OF SUSPENSION E-MAILED |