SMILE EYES :) Trademark
Trademark Overview
On Thursday, September 22, 2016, a trademark application was filed for SMILE EYES :) with the United States Patent and Trademark Office. The USPTO has given the SMILE EYES :) trademark a serial number of 79198926. The federal status of this trademark filing is CANCELLED - SECTION 71 as of Friday, February 23, 2024. This trademark is owned by Dres. Bechmann und Wiltfang GbR. The SMILE EYES :) trademark is filed in the Communication Services, Treatment & Processing of Materials Services, Pharmaceutical Products, Computer & Software Products & Electrical & Scientific Products, Medical Instrument Products, Paper & Printed Material Products, Houseware & Glass Products, Advertising, Business and Retail Services, Transportation & Storage Services, Education & Entertainment Services, Computer & Software Services & Scientific Services, and Medical & Beauty Services & Agricultural Services categories with the following description:
Education services, namely, computer education training, education courses relating to ophthalmology, and providing classes, seminars, workshops relating to health and body care; training in the field of eyecare; organization and conducting of seminars and educational events, in the field of medical ophthalmology as well as the use of new technology, including laser systems for eye treatment; electronic desktop publishing and editing of printed publications; entertainment, namely, entertainment in the nature of air shows, entertainment in the nature of live performances by a musical group; sporting and cultural activities, namely, organizing community sporting and cultural events
Treatment of materials in the nature of eye lenses; custom manufacture of spectacle lenses
Spectacles and optical goods, namely, optical filters, [ optical glasses, ] optical lens sights, optical scanners, optical readers, optical reflectors; [ spectacle lenses; glasses for optical use or for eye protection; ] contact lenses; correcting lenses; optical lenses for balancing a vision weakness and for protecting the eyes; [ eyeglass mountings and frames; goggles for sports; spectacle cases and pouches; ] carrying containers, cases and boxes for contact lenses; instruments for contact lenses, namely, contact lens blanks; motorcycle visors and their cases and pouches; [ ski goggles; frames for spectacles and sunglasses and their cases and pouches; pince-nez, chains for spectacles; cords for spectacles; pince-nez cases, pince-nez frames, pince-nez chains, pince-nez cords, prefabricated reading glasses; electronic 3-D spectacles; goggles and safety goggles; ] eyepieces; binoculars; steering apparatus for the blind, namely, simulators for the steering and control of vehicles; downlo...
Delivery of contact lenses
Telecommunications services, namely, personal communication services, ISDN services, telecommunications access services, data transmission and reception services via telecommunication means, telecommunications gateway services; telecommunication services for the collection and provision of information in the field of ophthalmology via transmission of database information via telecommunications networks
Eye drops and lotions for medical use; moisturizing products for the eyes, namely, ointments and liquids for medical use; collyriums; contact lens solutions; cleaning preparations for contact lens; disinfectants for contact lenses; cleaning preparations for contact lenses; solutions for cleaning, disinfection, neutralization, irrigation and storage of contact lenses; eye patches for medical use; blindfolds for medical use
Paper, cardboard and goods made from these materials, namely, boxes of paper or cardboard, cardboard packaging, packing paper; printed matter, namely, printed books featuring ophthalmology; books, magazines, manuals all in the field of ophthalmology; printed guides for use in the field of ophthalmology; bulletins concerning ophthalmology; bookbinding material; photographs; stationery; instructional and teaching material, namely, instruction sheets, manuals in the field of ophthalmology, teaching tiles; plastic materials for packaging namely, plastic bags for packaging, plastic bubble packs for wrapping or packaging; printing type; printing blocks; advertising billboards of cardboard in the form of spectacles
Advertising services; commercial business management; commercial administration; providing office functions; wholesale and retail store services for goods for use in the field of field of eye care products, eyewear, surgical and ophthalmological apparatus and instruments, printed materials in the field of eyecare
Ophthalmology services; optician services; ophthalmology surgeon; medical advice relating to contact lenses and solutions for contact lenses; eye surgery, namely, ametropic correction; laser eye surgery; health care and optical and eye treatment services; therapeutic medical treatment and care in the field of opthalmology; medical care in the field of ophthalmology; eye surgical treatment; surgical beauty treatments and medical screening examinations, especially for hygienic and beauty care for the face and eyes; eye surgical implantations; preparation of therapeutic concepts and treatment plans, particularly surgical and esthetic treatment plans; eye medical clinic and laser eye surgery clinic
Surgical and ophthalmological apparatus and instruments, namely, surgical and medical apparatus and instruments for use in general surgery, surgical apparatus for use in ophthalmic surgery; artificial eyes; artificial lenses; surgical implants made of artificial materials; lasers for medical use, particularly for eye surgery; optical apparatus and instruments for eye treatment, namely, therapeutic eye hydration goggles for the treatment of dry eyes; optical apparatus and instruments for correction of strabismus; apparatus and instruments for eye surgery; laser apparatus and instruments for eye surgery; auxiliary apparatus and instruments for establishing contact with the eyeball and to enable laser light to penetrate; apparatus and instruments for the treatment of the cornea, also with intervention in the eyeball and for eye refraction correction; surgical apparatus and instruments for replacement of direct vision by other means of perception for people suffering from diseases of the e...
Cleaning cloths for spectacles
Scientific and technological services, namely, scientific research, technology consultation and research in the field of ophthalmology; industrial analysis and research services in the field of ophthalmology; medical and scientific research of new surgical techniques; design and development of computers and software; scientific analysis and evaluation of medical data of all kinds in the field of ophthalmology; technological consultation in the technology field for the creation, management and evaluation of data banks for medical use; quality control of contact lenses for others; development and testing of visual aids; scientific research services used for capture, analysis and evaluation of medical data of all kinds
General Information
| Serial Number | 79198926 |
| Word Mark | SMILE EYES :) |
| Filing Date | Thursday, September 22, 2016 |
| Status | 709 - CANCELLED - SECTION 71 |
| Status Date | Friday, February 23, 2024 |
| Registration Number | 5258365 |
| Registration Date | Tuesday, August 8, 2017 |
| Mark Drawing | 3 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, May 23, 2017 |
Trademark Statements
| Goods and Services | Education services, namely, computer education training, education courses relating to ophthalmology, and providing classes, seminars, workshops relating to health and body care; training in the field of eyecare; organization and conducting of seminars and educational events, in the field of medical ophthalmology as well as the use of new technology, including laser systems for eye treatment; electronic desktop publishing and editing of printed publications; entertainment, namely, entertainment in the nature of air shows, entertainment in the nature of live performances by a musical group; sporting and cultural activities, namely, organizing community sporting and cultural events |
| Goods and Services | Treatment of materials in the nature of eye lenses; custom manufacture of spectacle lenses |
| Description of Mark | The mark consists of the wording "SMILE EYES" in block lettering with a smiley face emoticon. |
| Goods and Services | Spectacles and optical goods, namely, optical filters, [ optical glasses, ] optical lens sights, optical scanners, optical readers, optical reflectors; [ spectacle lenses; glasses for optical use or for eye protection; ] contact lenses; correcting lenses; optical lenses for balancing a vision weakness and for protecting the eyes; [ eyeglass mountings and frames; goggles for sports; spectacle cases and pouches; ] carrying containers, cases and boxes for contact lenses; instruments for contact lenses, namely, contact lens blanks; motorcycle visors and their cases and pouches; [ ski goggles; frames for spectacles and sunglasses and their cases and pouches; pince-nez, chains for spectacles; cords for spectacles; pince-nez cases, pince-nez frames, pince-nez chains, pince-nez cords, prefabricated reading glasses; electronic 3-D spectacles; goggles and safety goggles; ] eyepieces; binoculars; steering apparatus for the blind, namely, simulators for the steering and control of vehicles; downloadable electronic publications in the nature of magazines featuring video animations or video animation parts |
| Amendment to a Registration/Renewal Certificate | In the statement, the following "optical glasses; spectacle lenses; glasses for optical use or for eye protection; eyeglass mountings and frames; goggles for sports; spectacle cases and pouches; ski goggles; frames for spectacles and sunglasses and their cases and pouches; pince-nez, chains for spectacles; cords for spectacles; pince-nez cases, pince-nez frames, pince-nez chains, pince-nez cords, prefabricated reading glasses; electronic 3-D spectacles; goggles and safety goggles;" are deleted in class 9. |
| Goods and Services | Delivery of contact lenses |
| Goods and Services | Telecommunications services, namely, personal communication services, ISDN services, telecommunications access services, data transmission and reception services via telecommunication means, telecommunications gateway services; telecommunication services for the collection and provision of information in the field of ophthalmology via transmission of database information via telecommunications networks |
| Goods and Services | Eye drops and lotions for medical use; moisturizing products for the eyes, namely, ointments and liquids for medical use; collyriums; contact lens solutions; cleaning preparations for contact lens; disinfectants for contact lenses; cleaning preparations for contact lenses; solutions for cleaning, disinfection, neutralization, irrigation and storage of contact lenses; eye patches for medical use; blindfolds for medical use |
| Goods and Services | Paper, cardboard and goods made from these materials, namely, boxes of paper or cardboard, cardboard packaging, packing paper; printed matter, namely, printed books featuring ophthalmology; books, magazines, manuals all in the field of ophthalmology; printed guides for use in the field of ophthalmology; bulletins concerning ophthalmology; bookbinding material; photographs; stationery; instructional and teaching material, namely, instruction sheets, manuals in the field of ophthalmology, teaching tiles; plastic materials for packaging namely, plastic bags for packaging, plastic bubble packs for wrapping or packaging; printing type; printing blocks; advertising billboards of cardboard in the form of spectacles |
| Indication of Colors claimed | Color is not claimed as a feature of the mark. |
| Goods and Services | Advertising services; commercial business management; commercial administration; providing office functions; wholesale and retail store services for goods for use in the field of field of eye care products, eyewear, surgical and ophthalmological apparatus and instruments, printed materials in the field of eyecare |
| Goods and Services | Ophthalmology services; optician services; ophthalmology surgeon; medical advice relating to contact lenses and solutions for contact lenses; eye surgery, namely, ametropic correction; laser eye surgery; health care and optical and eye treatment services; therapeutic medical treatment and care in the field of opthalmology; medical care in the field of ophthalmology; eye surgical treatment; surgical beauty treatments and medical screening examinations, especially for hygienic and beauty care for the face and eyes; eye surgical implantations; preparation of therapeutic concepts and treatment plans, particularly surgical and esthetic treatment plans; eye medical clinic and laser eye surgery clinic |
| NOT AVAILABLE | "EYES" |
| Goods and Services | Surgical and ophthalmological apparatus and instruments, namely, surgical and medical apparatus and instruments for use in general surgery, surgical apparatus for use in ophthalmic surgery; artificial eyes; artificial lenses; surgical implants made of artificial materials; lasers for medical use, particularly for eye surgery; optical apparatus and instruments for eye treatment, namely, therapeutic eye hydration goggles for the treatment of dry eyes; optical apparatus and instruments for correction of strabismus; apparatus and instruments for eye surgery; laser apparatus and instruments for eye surgery; auxiliary apparatus and instruments for establishing contact with the eyeball and to enable laser light to penetrate; apparatus and instruments for the treatment of the cornea, also with intervention in the eyeball and for eye refraction correction; surgical apparatus and instruments for replacement of direct vision by other means of perception for people suffering from diseases of the eye |
| Goods and Services | Cleaning cloths for spectacles |
| Goods and Services | Scientific and technological services, namely, scientific research, technology consultation and research in the field of ophthalmology; industrial analysis and research services in the field of ophthalmology; medical and scientific research of new surgical techniques; design and development of computers and software; scientific analysis and evaluation of medical data of all kinds in the field of ophthalmology; technological consultation in the technology field for the creation, management and evaluation of data banks for medical use; quality control of contact lenses for others; development and testing of visual aids; scientific research services used for capture, analysis and evaluation of medical data of all kinds |
Classification Information
| International Class | 038 - Services allowing people to communicate with another by a sensory means. |
| US Class Codes | 100, 101, 104 |
| Class Status Code | F - NOT AVAILABLE |
| Class Status Date | Friday, February 23, 2024 |
| 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 | F - NOT AVAILABLE |
| Class Status Date | Friday, February 23, 2024 |
| Primary Code | 040 |
| 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 | 006, 018, 044, 046, 051, 052 |
| Class Status Code | F - NOT AVAILABLE |
| Class Status Date | Friday, February 23, 2024 |
| 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, 023, 026, 036, 038 |
| Class Status Code | F - NOT AVAILABLE |
| Class Status Date | Friday, February 23, 2024 |
| 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 | F - NOT AVAILABLE |
| Class Status Date | Friday, February 23, 2024 |
| Primary Code | 010 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 016 - Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists' materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); printers' type; printing blocks. |
| US Class Codes | 002, 005, 022, 023, 029, 037, 038, 050 |
| Class Status Code | F - NOT AVAILABLE |
| Class Status Date | Friday, February 23, 2024 |
| Primary Code | 016 |
| 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 | F - NOT AVAILABLE |
| Class Status Date | Friday, February 23, 2024 |
| 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 | F - NOT AVAILABLE |
| Class Status Date | Friday, February 23, 2024 |
| Primary Code | 035 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 039 - Transport; packaging and storage of goods; travel arrangement. |
| US Class Codes | 100, 105 |
| Class Status Code | F - NOT AVAILABLE |
| Class Status Date | Friday, February 23, 2024 |
| Primary Code | 039 |
| 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 | F - NOT AVAILABLE |
| Class Status Date | Friday, February 23, 2024 |
| 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 | F - NOT AVAILABLE |
| Class Status Date | Friday, February 23, 2024 |
| 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 | F - NOT AVAILABLE |
| Class Status Date | Friday, February 23, 2024 |
| Primary Code | 044 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
Trademark Owner History
| Party Name | Smile Eyes Augenärzte GmbH |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 75 - NOT AVAILABLE |
| Address | DE |
| Party Name | Dres. Bechmann und Wiltfang GbR |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 75 - NOT AVAILABLE |
| Address | DE |
| Party Name | Dres. Bechmann und Wiltfang GbR |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 75 - NOT AVAILABLE |
| Address | DE |
Trademark Events
| Event Date | Event Description |
| Thursday, December 22, 2016 | SN ASSIGNED FOR SECT 66A SUBSEQ DESIG FROM IB |
| Wednesday, December 28, 2016 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Thursday, December 29, 2016 | ASSIGNED TO EXAMINER |
| Tuesday, January 3, 2017 | APPLICATION FILING RECEIPT MAILED |
| Tuesday, January 10, 2017 | NON-FINAL ACTION WRITTEN |
| Wednesday, January 11, 2017 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Wednesday, January 18, 2017 | REFUSAL PROCESSED BY MPU |
| Wednesday, January 18, 2017 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Friday, February 3, 2017 | REFUSAL PROCESSED BY IB |
| Monday, March 27, 2017 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Monday, March 27, 2017 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Tuesday, March 28, 2017 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Saturday, April 15, 2017 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Wednesday, May 3, 2017 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Tuesday, May 23, 2017 | PUBLISHED FOR OPPOSITION |
| Tuesday, May 23, 2017 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, August 8, 2017 | REGISTERED-PRINCIPAL REGISTER |
| Wednesday, November 8, 2017 | FINAL DISPOSITION NOTICE CREATED, TO BE SENT TO IB |
| Friday, December 1, 2017 | FINAL DISPOSITION PROCESSED |
| Friday, December 1, 2017 | FINAL DISPOSITION NOTICE SENT TO IB |
| Friday, December 22, 2017 | FINAL DECISION TRANSACTION PROCESSED BY IB |
| Thursday, July 19, 2018 | INTERNATIONAL REGISTRATION RENEWED |
| Tuesday, July 2, 2019 | TEAS SECTION 7 REQUEST RECEIVED |
| Tuesday, July 30, 2019 | CASE ASSIGNED TO POST REGISTRATION PARALEGAL |
| Thursday, August 1, 2019 | AMENDMENT UNDER SECTION 7 - PROCESSED |
| Wednesday, April 1, 2020 | PARTIAL INVALIDATION OF REG EXT PROTECTION CREATED |
| Wednesday, June 17, 2020 | INVALIDATION PROCESSED |
| Wednesday, June 17, 2020 | PARTIAL INVALIDATION OF REG EXT PROTECTION SENT TO IB |
| Friday, July 31, 2020 | PARTIAL INVALIDATION PROCESSED BY THE IB |
| Friday, May 28, 2021 | CHANGE OF NAME/ADDRESS REC'D FROM IB |
| Monday, August 8, 2022 | COURTESY REMINDER - SEC. 71 (6-YR) E-MAILED |
| Friday, February 23, 2024 | CANCELLED SECTION 71 |
| Thursday, October 24, 2024 | TOTAL INVALIDATION OF REG EXT PROTECTION CREATED |
| Wednesday, November 13, 2024 | INVALIDATION PROCESSED |
| Thursday, November 14, 2024 | TOTAL INVALIDATION OF REG EXT PROTECTION SENT TO IB |
| Saturday, December 7, 2024 | TOTAL INVALIDATION PROCESSED BY THE IB |
