| Serial Number | 79159808 |
| Word Mark | MÄRKLIN START UP |
| Filing Date | Friday, May 16, 2014 |
| Status | 708 - PARTIAL SECTION 71 & 15 ACCEPTED AND ACKNOWLEDGED |
| Status Date | Wednesday, January 11, 2023 |
| Registration Number | 4879060 |
| Registration Date | Tuesday, January 5, 2016 |
| Mark Drawing | 5 - Drawing with word(s) / letter(s) / number(s) in Stylized form |
| Published for Opposition Date | Tuesday, October 20, 2015 |
| Description of Mark | The mark consists of the word "märklin" in stylized red lower case lettering above the wording "START UP" in stylized black upper case lettering. The color white is for background purposes only. |
| Goods and Services | Electrotechnical and electronic equipment, namely, apparatus for weak-current engineering, namely, for drive, control and regulating systems for operating technical toys, namely, remote controls, electric control panels, electrical controllers, and electronic controllers; apparatus for recording, transmission or reproduction of sound or images; electric signaling, checking and supervision apparatus for technical toys, namely, signal processors, railway signals, reflectors for traffic signals, signal bells signal whistles, cables for electric signal transmission; electric locomotive apparatus, namely, control mechanisms for model railways; electric instructional apparatus for teaching purposes, namely, video and sound recording featuring instructions in the fields of operation of model trains; technical teaching apparatuses and instruments, namely, motor and gear technology simulation devices; transformers and control apparatus for games, toys and technical toys, namely, remote controls, electric control panels and lighting control panels; mechanically, electromotively, magnetically or electronically activated apparatus, being parts for the aforesaid systems, in particular for games, toys and technical toys, namely, mechanical remote controls for motors, mechanical timers, electronic power supplies for driving electric motors, magnetic and electromagnetic coils; charging stations for charging batteries for games, toys and technical toys; [ data processing equipment, namely, data processors, couplers, and computers; games software; computer programs for operating model railways and controlling technical toys; input devices for computers; video game programs; headphones; cameras; camcorders; video tape recorders; ] microphones; [ media players; interactive entertainment software recorded on computer media, namely, computer game software; interactive computer software, namely, computer game software downloadable from a global computer network; ] interactive computer games software recorded on CD-ROMs and recorded on audio and video tapes in the fields of games, model railways and technical toys; video game cartridges and cassettes; downloadable electronic publications provided from databases or the Internet, namely, books, magazines, journals, manuals, in the fields of games, model railways and technical toys; [ software and fittings for video games, in particular joysticks, steering wheels for video games and mats having electronic sensors for determining movements, and software for operating these; ] digital controllers, namely, digital electrical controllers and digital electronic controllers for controlling toys; [ digital signal processors; ] decoders for consumer electronic products, namely, audio decoders and video decoders; Decoder software; [ computer operating system software; computers being control stations for controlling technical toys; computer programs for controlling technical toys; computer software development tools; ] wireless transmission apparatus for remote control, namely, apparatus for a wireless transmission of acoustic information, devices for wireless radio transmission, wireless devices for a voice, data or image transmission |
| Goods and Services | Technical playthings, namely, model railways and model railway systems consisting primarily of toy trains, toy railway materials, track materials, signals, lights, points, model buildings, trees, people and animal figurines and landscaping materials for creating model constructions; [ games and playthings, namely, arcade games, arcade-type electronic video games, battery-powered computer game with LCD screen, board games, games adapted or use with television receivers, action figures, toy model vehicles, toy figures, trading card games; ] building games and toy models of land vehicles, water vehicles and aircraft, and railway tracks and other railway installations; vehicle toys; [ dolls; handheld electronic games apparatus, namely, hand held game consoles, hand held units for playing electronic games, hand held joy stick units for playing video games; hand held units for playing electronic games other than those adapted for use with an external display screen or monitor; hand held units for playing video games other than those adapted for use with an external display screen or monitor, stands for electronic game playing apparatus, and video game interactive hand held remote controls for playing electronic games; toy building block sets for conducting experiments; ] scale models sold in kits as parts for making toy models [ ; scale model metal construction kits; toy metal construction sets and accessories, namely, construction toys ] |
| Goods and Services | [ Printed matter, namely, calendars, flash cards, greeting cards, holiday cards, invitations, picture cards, score cards, trading cards, albums and manuals in the fields of model railway systems, model toy vehicles, games, and technical playthings; printed magazines, periodicals, books in the fields of model railway systems, model toy vehicles, games, and technical playthings; posters; printed instructional and teaching materials in the fields of model railway systems, model toy vehicles, games, and technical toys; voucher books ] |
| Indication of Colors claimed | The color(s) red and black is/are claimed as a feature of the mark. |
| Translation of Words in Mark | The word(s) "märklin" has no meaning in a foreign language. |
| 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, February 13, 2015 |
| Primary Code | 009 |
| 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 | G - NOT AVAILABLE |
| Class Status Date | Wednesday, January 11, 2023 |
| Primary Code | 016 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 028 - Games and playthings; gymnastic and sporting articles not included in other classes; decorations for Christmas trees. |
| US Class Codes | 022, 023, 038, 050 |
| Class Status Code | 6 - Active |
| Class Status Date | Friday, February 13, 2015 |
| Primary Code | 028 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | Gebr. Märklin & Cie. GmbH |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | Göppingen 73033 DE |
| Party Name | Gebr. Märklin & Cie. GmbH |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | DE |
| Party Name | Gebr. Märklin & Cie. GmbH |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | DE |
| Event Date | Event Description |
| Thursday, February 12, 2015 | SN ASSIGNED FOR SECT 66A APPL FROM IB |
| Friday, February 13, 2015 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Friday, February 13, 2015 | ASSIGNED TO EXAMINER |
| Tuesday, February 17, 2015 | APPLICATION FILING RECEIPT MAILED |
| Wednesday, February 25, 2015 | NON-FINAL ACTION WRITTEN |
| Thursday, February 26, 2015 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Friday, August 7, 2015 | ASSIGNED TO LIE |
| Friday, August 14, 2015 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Friday, February 27, 2015 | REFUSAL PROCESSED BY MPU |
| Friday, February 27, 2015 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Friday, March 20, 2015 | REFUSAL PROCESSED BY IB |
| Monday, July 27, 2015 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Friday, August 14, 2015 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Tuesday, September 8, 2015 | NOTIFICATION OF EXAMINER'S AMENDMENT/PRIORITY ACTION E-MAILED |
| Tuesday, September 8, 2015 | EXAMINERS AMENDMENT AND/OR PRIORITY ACTION - COMPLETED |
| Tuesday, September 8, 2015 | COMBINED EXAMINER'S AMENDMENT/PRIORITY ACTION AUTOMATIC ENTRY |
| Tuesday, September 8, 2015 | EXAMINER'S AMENDMENT/PRIORITY ACTION E-MAILED |
| Wednesday, September 9, 2015 | EXAMINER'S AMENDMENT ENTERED |
| Wednesday, September 9, 2015 | EXAMINERS AMENDMENT -WRITTEN |
| Wednesday, September 9, 2015 | EXAMINERS AMENDMENT E-MAILED |
| Wednesday, September 9, 2015 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
| Wednesday, September 30, 2015 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Wednesday, September 30, 2015 | NOTICE OF START OF OPPOSITION PERIOD CREATED, TO BE SENT TO IB |
| Tuesday, October 20, 2015 | PUBLISHED FOR OPPOSITION |
| Tuesday, January 5, 2016 | REGISTERED-PRINCIPAL REGISTER |
| Tuesday, April 5, 2016 | FINAL DISPOSITION NOTICE CREATED, TO BE SENT TO IB |
| Thursday, September 10, 2015 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Monday, September 14, 2015 | LAW OFFICE PUBLICATION REVIEW COMPLETED |
| Wednesday, September 30, 2015 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
| Saturday, October 17, 2015 | NOTIFICATION PROCESSED BY IB |
| Tuesday, October 20, 2015 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Thursday, April 7, 2016 | GENERIC MADRID TRANSACTION CREATED |
| Tuesday, January 10, 2023 | CASE ASSIGNED TO POST REGISTRATION PARALEGAL |
| Thursday, April 7, 2016 | GENERIC MADRID TRANSACTION SENT TO IB |
| Wednesday, October 12, 2016 | FINAL DECISION TRANSACTION PROCESSED BY IB |
| Tuesday, January 5, 2021 | COURTESY REMINDER - SEC. 71 (6-YR) E-MAILED |
| Tuesday, July 5, 2022 | TEAS SECTION 71 & 15 RECEIVED |
| Wednesday, January 11, 2023 | REGISTERED - PARTIAL SEC. 71 ACCEPTED & SEC. 15 ACK. |
| Wednesday, January 11, 2023 | NOTICE OF ACCEPTANCE OF SEC. 71 & 15 - E-MAILED |
| Monday, September 11, 2023 | PARTIAL INVALIDATION OF REG EXT PROTECTION CREATED |
| Friday, September 22, 2023 | INVALIDATION PROCESSED |
| Monday, May 20, 2024 | LIMITATION OF GOODS RECEIVED FROM IB |
| Monday, July 22, 2024 | LIMITATION FROM THE IB EXAMINED, NO ACTION IS NEEDED |
| Friday, June 7, 2024 | INTERNATIONAL REGISTRATION RENEWED |
| Friday, September 22, 2023 | PARTIAL INVALIDATION OF REG EXT PROTECTION SENT TO IB |
| Tuesday, October 31, 2023 | PARTIAL INVALIDATION PROCESSED BY THE IB |