To all:
My apology if I have asked this previously --I don’t think I did:
What does the use of the tiny “R” Marklin is now using, next to the LGB trademark, indicate for Marklin that did not need to be used by LGB prior to the bankruptcy?
I have no memory of LGB of Germany or LGB of America using it prior to the bankruptcy. Am I accurate?
If new, is this to protect Marklin from any possible associations yet to be made in the future between LGB of America and LGB of Marklin?
Thoughts?
Wendell
Wendell:
As you probably know, the circle with a capital R ( ® ) denotes a registered trademark here in the U.S. I don’t recall seeing it used in Germany, so am not certain of the meaning there. Perhaps someone familiar with German or European intellectual property protection can help here.
In U.S. usage, the ® is usually slightly superscripted and is only used on the first appearance of a registered trademark in a document, advertisement or presentation. An alternative is the ™ symbol, having the same meaning and usage. Color of the symbol has no meaning.
It’s not necessarily true that the ® symbol means an item is registered to the entity displaying it, but rather is a general recognition and / or warning that the item is trademarked to someone. Explanatory notes are sometimes included.
I did find a single place on the front cover inside facing page in my 1990s LGB catalog where the rectangular LGB logo appears with the words “Registered Trade-Mark” printed in very small type split on two lines directly following the logo, but “LGB®” isn’t found. It’s also not found on other printed items from the years of yore.
In a cursory look at the September, 2000 Garden Railways, the circular LGB logo appears in several ads and is always accompanied by a subscripted ® symbol. Again, I don’t see “LGB®” on anything. BTW, the circular logo with the ® symbol also appears in an LGBoA ad, but remember that this is from 2000.
As to Marklin’s current usage, it’s anybody’s guess. I am certain some of the foamers can make up a story, but unless they are a senior employee of Marklin, I wouldn’t take their word. Your guess is probably as good as any, but still an uninformed guess!!!
In my roles as a senior manager or company principle, I’m always strict about registering, annotating and otherwise protecting trademarks. We go to some lengths and expense to create a name, logo or other unique identifying mark. If the product is successful, I don’t want a competitor (or worse) using it for free or to describe something else. I commonly use the ® as described above.
Happy RRing,
Jerry Bowers
See Below…
LGB OF AMERICA
Goods and Services IC 009. US 021 023 026 036 038. G & S: model railroad parts and Fittings, namely, electromagnetic drives, electrical transformers, electric motors for machines, electrical and computer controllers, electromechanical controls for use in model railroads, remote controls for electric toy trains, electric measuring instruments, distributors for electric toy vehicles, electrical relays, resistors, rectifiers, electronic equipment for testing voltage, data processors, computer interface boards for electric toy and model railroads
IC 028. US 022 023 038 050. G & S: model toy train sets and their related accessories, namely, toy train vehicle engines, toy cars and railway [ cards ] * cars * , toy railway tracks, toy cable railroads, action figures and accessories therefor, mechanical action toys, toy banks, toy building blocks, toy construction blocks, toy boxes, cases for play accessories, cases for toy vehicles, computer game joysticks, doll accessories, doll house furnishings, dolls and play sets therefor, electric action toys, game wheels, toy model vehicles, electronically operated toy motor vehicles, toy noisemakers, soft sculpture plush toys, toy animals, toy vehicles, wind-up working toys, wind-up walking toys and wind-up toys
Mark Drawing Code (1) TYPED DRAWING
Serial Number 75542363
Filing Date August 25, 1998
Current Filing Basis 44E
Original Filing Basis 44E
Published for Opposition June 20, 2000
Change In Registration CHANGE IN REGISTRATION HAS OCCURRED
Registration Number 2384674
Registration Date September 12, 2000
Owner (REGISTRANT) Ernst Paul Lehmann Patentwerk composed of Johannes Richter and Wolfgang Richter, both citizens of Germany PARTNERSHIP FED REP GERMANY Saganer Strasse 1 - 5 DE 90475 Nurnberg FED REP GERMANY
(LAST LISTED OWNER) LGB OF AMERICA CORPORATION CALIFORNIA 6444 NANCY RIDGE DRIVE SAN DIEGO CALIFORNIA 92121
Assignment Recorded ASSIGNMENT RECORDED
Attorney of Record KENNETH F. FLOREK
Prior Registrations 1575184;1980941;AND OTHERS
Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE “OF AMERICA” APART FROM THE MARK AS SHOWN
Type of Mark TRADEMARK
Register PRINCIPAL
Affidavit Text SECT 15. SECT 8 (6-YR).
Live/Dead Indicator LIVE
GO to TESS via the USPTO.Gov site for all the LGB trademarks registered here in the USA. I see NOTHING trademarked in the last two years to anyone other than to Ernst Paul Lehmann Patentwerk composed of Johannes Richter and Wolfgang Richter. IF LGBofA was “sold” - why didn’t they change the Trademark registration to the “new” company?
Stephen Podwojski said:
See Below....LGB OF AMERICA
Goods and Services IC 009. US 021 023 026 036 038. G & S: model railroad parts and Fittings, namely, electromagnetic drives, electrical transformers, electric motors for machines, electrical and computer controllers, electromechanical controls for use in model railroads, remote controls for electric toy trains, electric measuring instruments, distributors for electric toy vehicles, electrical relays, resistors, rectifiers, electronic equipment for testing voltage, data processors, computer interface boards for electric toy and model railroads
IC 028. US 022 023 038 050. G & S: model toy train sets and their related accessories, namely, toy train vehicle engines, toy cars and railway [ cards ] * cars * , toy railway tracks, toy cable railroads, action figures and accessories therefor, mechanical action toys, toy banks, toy building blocks, toy construction blocks, toy boxes, cases for play accessories, cases for toy vehicles, computer game joysticks, doll accessories, doll house furnishings, dolls and play sets therefor, electric action toys, game wheels, toy model vehicles, electronically operated toy motor vehicles, toy noisemakers, soft sculpture plush toys, toy animals, toy vehicles, wind-up working toys, wind-up walking toys and wind-up toysMark Drawing Code (1) TYPED DRAWING
Serial Number 75542363
Filing Date August 25, 1998
Current Filing Basis 44E
Original Filing Basis 44E
Published for Opposition June 20, 2000
Change In Registration CHANGE IN REGISTRATION HAS OCCURRED
Registration Number 2384674
Registration Date September 12, 2000
Owner (REGISTRANT) Ernst Paul Lehmann Patentwerk composed of Johannes Richter and Wolfgang Richter, both citizens of Germany PARTNERSHIP FED REP GERMANY Saganer Strasse 1 - 5 DE 90475 Nurnberg FED REP GERMANY
(LAST LISTED OWNER) LGB OF AMERICA CORPORATION CALIFORNIA 6444 NANCY RIDGE DRIVE SAN DIEGO CALIFORNIA 92121Assignment Recorded ASSIGNMENT RECORDED
Attorney of Record KENNETH F. FLOREK
Prior Registrations 1575184;1980941;AND OTHERS
Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE “OF AMERICA” APART FROM THE MARK AS SHOWN
Type of Mark TRADEMARK
Register PRINCIPAL
Affidavit Text SECT 15. SECT 8 (6-YR).
Live/Dead Indicator LIVE
GO to TESS via the USPTO.Gov site for all the LGB trademarks registered here in the USA. I see NOTHING trademarked in the last two years to anyone other than to Ernst Paul Lehmann Patentwerk composed of Johannes Richter and Wolfgang Richter. IF LGBofA was “sold” - why didn’t they change the Trademark registration to the “new” company?
Very good!
Jives precisely with everything that I have found. Of course I was told by one of the “Expert Ventilators” that this was just a result of the Trademark Office being terribly behind updating the data.
Yeeessss, certainly Sir! There is also swampland for sale in Florida, a certain bridge in Brooklyn and so on and so forth.
As for LGB
http://tess2.uspto.gov/bin/gate.exe?f=doc&state=f8tveq.2.17 said:Yes, the ® has been used as regular as clockwork, one instance would be the 2000 LGB catalogue (sorry I don't own a more recent one) in which every page has the LGB logo with the ® right beside it at the bottom of the page beside the page number. The ® has been all over in the LGB literature and the meaning has been the same all along.
Word Mark LGB Goods and Services IC 025. US 039. G & S: shirts and neckties. FIRST USE: 19870100. FIRST USE IN COMMERCE: 19870100 Mark Drawing Code (3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS Design Search Code 02.01.02 - Men depicted as shadows or silhouettes of men; Silhouettes of men 18.05.03 - Engines, railroad; Locomotives; Subway cars; Train cars; Trains 26.01.02 - Circles, plain single line; Plain single line circles 26.01.15 - Circles, exactly three circles; Three circles 26.11.21 - Rectangles that are completely or partially shaded 26.11.28 - Miscellaneous designs with overall rectangular shape; Rectangular shapes (miscellaneous overall shape) Serial Number 74088172 Filing Date August 15, 1990 Current Filing Basis 1A Original Filing Basis 1A Published for Opposition March 26, 1991 Registration Number 1648216 Registration Date June 18, 1991 Owner (REGISTRANT) Ernst Paul Lehmann, Patentwerk CORPORATION FED REP GERMANY Saganer Strasse 1-5 D-8500 Nurnberg 50 FED REP GERMANY Assignment Recorded ASSIGNMENT RECORDED Attorney of Record TIMOTHY X GIBSON Prior Registrations 1583772 Type of Mark TRADEMARK Register PRINCIPAL Affidavit Text SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20010731. Renewal 1ST RENEWAL 20010731 Live/Dead Indicator LIVE
A quick check on a German site produced the following
The first section is German trademark registrations the second is European Union registrations and the third is International registrations.
I don’t think there is any backlog in the trademark office - my own company just filed and I noted that it is also listed in the TESS system. We added a new logo last Fall and sure enough - the filing is listed there with an update as late of June, 2007.
Regardless - I noted that there was no registered trademark listed for G45.
Word Mark IHG
Goods and Services IC 035. US 100 101 102. G & S: BUSINESS MANAGEMENT AND ADMINISTRATION SERVICES; PROVIDING FACILITIES FOR BUSINESS MEETINGS; COMMERCIAL INFORMATION SERVICES; BUSINESS ADVISORY AND BUSINESS CONSULTANCY SERVICES RELATING TO HOTEL MANAGEMENT AND TO HOTEL FRANCHISING; HOTEL MANAGEMENT SERVICES FOR OTHERS; ADVERTISING, MARKETING, PUBLICITY, PUBLIC RELATIONS, PROMOTION SERVICES AND INFORMATION SERVICES RELATING THERETO, ALL SUCH SERVICES ALSO BEING PROVIDED ONLINE FROM A COMPUTER DATABASE OR FROM THE INTERNET; BUSINESS ADMINISTRATION SERVICES FOR THE PROCESSING OF SALES MADE ON THE INTERNET; OPERATION OF TELEPHONE CALL CENTERS FOR OTHERS; PERSONNEL RECRUITMENT, EMPLOYMENT HIRING AND PERSONNEL MANAGEMENT SERVICES; OPERATION AND SUPERVISION OF LOYALTY PROGRAMS AND INCENTIVE PROGRAMS; INFORMATION CONSULTANCY AND ADVISORY SERVICES RELATING TO ALL THE AFORESAID SERVICES
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 77043817
Filing Date November 14, 2006
Current Filing Basis 1B
Original Filing Basis 1B
Published for Opposition June 26, 2007
Owner (APPLICANT) InterContinental Hotels Group PLC PUBLIC LIMITED COMPANY (PLC) UNITED KINGDOM 67 Alma Road Windsor, Berkshire UNITED KINGDOM SL43HD
Attorney of Record Albert Robin
Type of Mark SERVICE MARK
Register PRINCIPAL
Live/Dead Indicator LIVE
Pod, HJ, and other Large Scale history readers:
Marklin, my conclusion at this point, is marking their territory at every opportunity.
Why? For the very reason Pod (above post) discovers: IF LGB of Germany actually sold LGB to LGB of America, what happened to the trademark showing transfer of right? LGB of America has apparently declined repeating their earlier proclamation as LGB owners instead favoring silence. Meanwhile, Marklin attaches the “R” to LGB way ahead of product production. Now, no company in their right mind would use the LGB name on ANY product since Marklin proclaimes ownership. In my opinion, the target is LGB of America. In effect, Marklin has thrown down the gauntlet announcing problems if LGB of America even trys to produce and market any of their “announced” large scale products as “LGB of America.” I think they have made very clear LGB of Germany IS now LGB – and for LGB of America to cease any thoughts of production under the LGB moniker.
My take is their intent is the lead dog has clearly announced arrival.
My question is really the BIG question is: Will LGB of America become a trade-marked identity called G45 because they really were all along LGB of Germany and are now owned by Marklin? Will LGB of America try to challenge Marklin’s obvious claims of trademark ownership?
The story can’t get any more interesting.
Your take?
Wendell
Wendell,
Sooner or later
there will be an announcement from Märklin as to how they will distribute the LGB® product line in NA
G45/LGBoA will have a press release
G45/LGBoA will run out of previously obtained stock from EPL - sooner, since they apparently shipped container loads to the UK (at least that’s what some Brits posted on certain fora).
I didn’t believe the “backlog at the trademark registry” for one minute and I took Tony Castellano’s February press release with more than one grain of salt, fully expecting that a reply from Nürnberg would follow.
The reports that the LGBoA crew was not welcome at the EP Lehmann GmbH & Co KG display at the Nürnberg Toy Fair put Castellano’s release in context.
Other than that … I just wait and see what develops next. 
In the EP Lehmann GmbH &Co KG insolvency: the latest court publication (Aug 22, 2007) shows that the expenses and other reimbursements for the temporary insolvency trustee have been set. Moving right along …
HJ-
So the product stock held by LGB of America, and shipped to dealers (England or whereever), has not been contested as owned by Marklin?
Is there a chance, Marklin only “owns” LGB products within German possession at the closure of the sale, if so, therefore implicitly agreeing LGB of America to actually be a separate company?
Is not the determination of any current warehoused product ownership, in fact, a determination of the independence of LGB of America from LGB of Germany? To me, IF LGB of Germany, prior to the corporate sale, shipped products to the USA under a fake corporate sale to G45 retaining the moniker LGB of America, then that merchandise belongs to LGB of Germany and is part of the sale.
To wit: If LGB of America is holding product that rightfully belonged to LGB of Germany, and Marklin buys LGB of Germany, do they not have a right to all of that warehoused product AND residual money from any sale of that product from the moment of their purchase of LGB?
Where is the cease and desist court order against G45 and/or LGB of America protecting Marklin’s merchandise, IF it is true LGB of America actually belongs to LGB of Germany and now Marklin?
The “shipments to England” reference, true or not, illustrate the perception that LGB of America is really a fully independent company. IF they are not, those perceptions still fully endorse this image.
I would think those warehouses would be locked under Marklin’s order; inventory would have been taken; and all dealers notified Marklin will be the shipping source of the remaining merchandise simply because they own it and are in process of centralizing its distribution.
However, maybe the lack of legal action – at least to this reader --means Marklin is unable to establish ownership of LGB of America and its “possibly plundered” warehoused inventory.
Meanwhile, anyone with a headwaiter mentality who owns a train store knows where they get or cannot get LGB products and IF Marklin has made any annnouncement as to this source. They also know what LGB of America has told them.
Do we?
What a conspiracy of confusion! If train shops buy from a “warehouse” managed by LGB of America is the merchandise “HOT”???
Meanwhile, we await, as HJ so wisely states, for PR releases from LGB of America/G45, and Marklin’s statements giving closure to precisely what the boundries are for the folk in San Diego.
Wendell
Wendell,
On the ownership of materials that were shipped while Patentwerk was in insolvency: that will need to be fully accounted for i.e. goods shipped, money received at the regular long established rates. Goods shipped just prior to the declaration of insolvency: there is a provision in German law that covers those items, the previously listed applies.
Much will depend on the quality of the inventory process supervised by Steffen Goede; looking at his record in this particular insolvency … in my opinion it is just as well that Märklin has a hold back clause to cover “surprises”.
There are a few items that are not in favour of LGBoA assuming the distributorship for LGB®,
a) the insolvency and the machinations during same.
b) being the distributor for PIKO who, by all appearances will be extending their G1.5 offerings in rapid fashion, track being the first thing. Since Märklin and PIKO also compete vigorously in HO and LGBoA will promote that too, well … lets see now. PIKO HO and G1.5 as well as LGB® … hmmmm, will be interesting to read about that decision.
c) being the distributor for BRAWA. This could depend on further developments at BRAWA.
There is also the German custom of keeping things such as distribution, service and marketing in house, more so when one already has a network that does that for one’s other lines. There are also tax and other financial implications, no one parts with money unless they receive at least an equal, tangible value in return.
Then there is the “San Diego situation”, last I heard that location is leased and the lease expires not far down the road, plus … there is a slew of unconfirmed items which could … etc. etc. etc.
HJ-
The “hold back” you reference by Marklin does make sense as applied to all dealings previous to and after the recognized date of Marklin’s purchase of LGB. Accounting/Inventory practices will be the method to determine what is owed, what was sold, what is left. Marklin may have determined they have a very accurate accounting of what was sent to San Diego and other warehouses prior to obtaining legal ownership. Obviously, nothing new has been produced, therefore what exists is “over there.” So any statement now by Marklin as to LGB of America owning Marklin anything could make product discovery and confirmation more difficult.
My curiosity is still active as to what the train shops were told and have recently been told as to sources for LGB products – by LGB of America and if there were any rebutting messages from Marklin.
Wendell
Wendell,
The fact that “NIB” EPL goods have surfaced on German ebay in great quantities has certainly raised some eyebrows. There are rumblings on that score and a few others.
But those rumblings could be heared before the insolvency and it may take a while to sort through the tangled web. But I’m sure “things” will get sorted out. 
Wendell, if what the LGB dealer here is being told is indicative of what the rest are being told it can be summed up in one word, “NOTHING”.
Warren-
Looking at three LGB retailer web sites shows a large number of LGB products with the directive “CALL” . If you do so, my guess retailers may be just as direct as the one you spoke to: “We have no idea as we have not heard when we will have that item in stock.”
Wendell
I know Ridgeroad Station use to have the “call” and “on back order” and removed them from the site…
What it looks like to me is that there are a few biggies that LGBoA is supplying from current stock and everyone else can go pound sand.
What has surprised me is that Kingsbridge has yet to file a restraining order preventing LGBoA from using “LGB” and the logo in their name. That would have been one of the first things I would have done…and shut down their LGBoA site. So…maybe there’s something else up.
Warren Mumpower said:
.....................What has surprised me is that Kingsbridge has yet to file a restraining order preventing LGBoA from using “LGB” and the logo in their name. That would have been one of the first things I would have done…and shut down their LGBoA site. So…maybe there’s something else up.
It is called setting priorities, as in get the important things rolling i.e. production back on stream, the stuff at Saganer Strasse finished, other stuff moved etc. etc. in order to meet the target dates that have been announced. Don’t sweat the small stuff.
“Next week” doesn’t work well in the business world.
It will be interesting to see what shows up on WHOIS when the “technical problems” on the websites have been sorted out.
There is a line of target posts to watch as this moves along, here are a few posts that I’m watching
– Future DCC implementation on LGB® product - my hunch: Made by ESU www.loksound.de
– Change of motors - my hunch: Gradual change to Softdrive-Sine
– Re-introduction of a separate “ToyTrain” line aimed squarely at the entry market.
– Future of licensed items i.e. Coke, Peanuts etc. etc.
– 2008 LGB® Catalogue
– 2008 Nürnberg Toy Fair presence
All of them will require some patience, but hey, I don’t have “pressing needs” in the LGB® department. Lots to do before I need to look at anything that needs to be added from LGB®.