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Alan B.

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  1. The German company's trademarks are legit, and Gibson consented explicitly to their issuance by the USPTO. Per this July 2020 Trademark Consent Agreement between the parties, which was filed with the USPTO, Gibson kept its "WURLITZER" trademark for use in connection with "jukeboxes," and the German company received its "WURLITZER" trademark for use in connection with: CLASS 9: Amplifiers; downloadable music files; downloadable ring tones for mobile phones; laptop computers; loudspeakers; magnetic tapes; microphones; sleeves for laptops; notebook computers; portable media players; radios; phonograph records featuring music; record players; selfie sticks; smartphones; smart watches; smart glasses; headphones; in-ear headphones; blank USB flash drives; wireless headsets for cellular or mobile phones and computers; blank Credit card-style USB flash drives CLASS 15: Cases for musical instruments; Clarinets; Electronic musical keyboards; Electronic musical instruments; Glockenspiels; Horns; Mouthpieces for musical instruments; Music synthesizers; Organs; Recorders; Reeds for use in woodwind mouthpieces; Stands for musical instruments; Triangles CLASS 35: Carrying out auction sales; Providing on-line auction services; Provision of an online marketplace for buyers and sellers of goods and services. This is in addition to the two other "WURLITZER" trademarks (issued in connection with different classes of goods/services), referenced above, which were issued to the German company after Gibson withdrew its objections. It's all right there, in the text and links provided above for your dining and dancing pleasure.
  2. The Registration Certificate sitting at the other end of the first link in my first post is a government-issued *TRADEMARK*, full-stop, not just a self-asserted right to one. The German company is the rightful holder of that mark. This was a "Section 66(a)" application, which means that the registrant had already obtained an "international registration" via the International Bureau of the World Intellectual Property Organization ("WIPO") in Geneva. Gibson's counsel filed the withdrawals of opposition that I referred (and linked) to, above, in 2019.
  3. Gibson still maintains a couple of live/active WURLITZER marks in its own name, for jukeboxes and cigarette vending machines. I guess that's where the real money is.......
  4. ALSO: The same German company holds two other live U.S. trademarks for the word mark "WURLITZER" (Reg. No. 5987058) (Reg. No. (Reg. No. 5987058), each covering different classes of goods/services. You can look those up, on the USPTO website, the same way. Gibson filed an opposition to these other applications, but subsequently withdrew its opposition.
  5. OTOH, the USPTO's online TM search system lists the live/active registered mark "WURLITZER" (Reg. No. 6,207,843; Registered Dec. 01, 2020). This registration addresses "Goods and Services" classification "IC 015," specifically: "Cases for musical instruments; Clarinets; Electronic musical keyboards; Electronic musical instruments; Glockenspiels; Horns; Mouthpieces for musical instruments; Music synthesizers; Organs; Recorders; Reeds for use in woodwind mouthpieces; Stands for musical instruments; Triangles". The current owner is listed as "Wurlitzer Licensing UG" ("UG" is a form of "entrepreneurial" limited liability company). The original application was made by "Dipl-Ing. Gudrun Wurlitzer," and later assigned to the UG (at the same address). You may be able to access the complete PTO application record directly, here. If not, go to the PTO's TM search page here, enter "6207843" in the search box, and click on the little magnifying glass. A large icon indicating the record will appear, and you can click on the word "WURLITZER" to be directed to the record. Once you're at the registration record, click on the "Documents" tab to view copies of all correspondence/paperwork associated with this word mark application.
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