The trademark application NOT FOR KIDS was filed by OPAL DEMETZ, a corporation established under the laws of the French Republic (the "Applicant"). Application refused.
The application was filed in French (English was selected as the second language).
The Refusal with reference B 018888182 was Rejected according to Article 7(1)(b) EUTMR with decision issued on January 25, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Optical apparatus and instruments
Eyewear, Spectacles, glasses, sunglasses
Spectacle frames, Spectacle lenses, Corrective eyewear, Contact lenses, Covers for glasses, Containers for contact lenses
Ski masks, Divers' masks, Optical devices, enhancers and correctors, Especially, All the aforesaid products being for use in sports, equipped or not with colourless, treated or solar lenses, with or without prescription
Cases for masks
Protective eyeglasses and safety goggles.
The mark was filed in class 35 with following description of goods:
Grouping together Except for transport for the benefit of others, in relation to the following goods: Optical goods, Optical goods, Spectacles, Eye glasses and spectacles, Sunglasses, eyeglass frames, Spectacle lenses, Enabling customers to view and purchase those goods Order and purchase those goods in retail or wholesale outlets, In a general mail order goods catalogue, on a website, on television or via electronic telecommunications media of any other kinds
Retailing or Wholesale, Mail order sales, Retailing or wholesaling via the internet or via any electronic means of remote ordering, in relation to the following goods: Optical goods, Optical goods, Spectacles, Eye glasses and spectacles, Sunglasses, eyeglass frames, Spectacle lenses
Business and marketing advice and assistance for the sale and marketing of the following goods: Optical goods, Optical goods, Spectacles, Eye glasses and spectacles, Sunglasses, eyeglass frames, Spectacle lenses
Consultancy relating to advertising communication for sale and marketing purposes, in relation to the following goods: Optical goods, Optical goods, Spectacles, Eye glasses and spectacles, Sunglasses, eyeglass frames, Spectacle lenses
Sales promotion (for others), in relation to the following fields: Optical goods, Optical goods, Spectacles, Eye glasses and spectacles, Sunglasses, eyeglass frames, Spectacle lenses
Organisation of operations for commercial and advertising purposes, for encouraging customer loyalty and promoting and stimulating sales via the granting of special benefits, sponsorship, discounts and gifts
Loyalty card services, namely promotional and advertising operations for encouraging customer loyalty.
The mark was filed in class 44 with following description of goods:
Opticians' services and Orthoptic services
Consultancy and information, in relation to the following fields: Optics (vision)
Selection and adaptation of correction methods in the field of ophthalmic optics
Ophthalmic and optometric services
Contactology, Physiognomy consultancy, namely: Testing and adjustment of contact lenses, spectacle lenses and frames
Sight-testing services, Detection and treatment of eye disorders
Consultancy and advisory services, assays, Adjusting, in relation to the following goods: Glasses and Frames, lenses, Eye glasses and spectacles, Sunglasses
Consultancy and information in the field of optics