This article will cover class 19 trademark protections. Trademark Class 19 protects non-metal building materials and other types of non-metal materials.
The application process for registering a trademark with the United States Patent and Trademark Office (USPTO) has several parts. One of the most important parts of the application is figuring out what international trademark class fits the good or service your company provides. There are 45 different classes, 1-34 are all goods and 35-45 are all services.
What Is a Trademark?
Before you can even begin to research the registration process, you might be asking yourself what exactly a trademark is. A trademark is an image, logo, design, phrase, etc. that helps you create a brand for your company. It shows that you are the origin of a given product and sets you apart from your competition.
How to Register with the USPTO
If you want to register your trademark, apply online with the USPTO. The online registration platform is called the Trademark Electronic Application System (TEAS). There are a few different types of trademark application, including the TEAS Plus form, the TEAS Reduced Fee form, and the TEAS Regular form.
Figuring out which application is right for you can be a little challenging. If you are having a hard time figuring out which application you need to use to register, don’t hesitate to contact an attorney for help.
Benefits of Registering Your Trademark
Registering a mark with the USPTO has a few benefits. When you register you gain the right to bring legal action against an individual or company infringing on your rights at the state and federal levels. Your protections also extend beyond just your local area and into the realm of e-commerce. When you register, your mark will also become a part of the Trademark Electronic Search System (TESS).
In order to avoid trademark infringements, always do thorough research. Use the TESS to make sure someone does not already use a similar mark in the same industry.
Figuring this out will require you to have a good knowledge of the trademark classes, so that you know which industries your business belongs to. A lot of the time your good or service will have components that fall under more than one class.
A dead, or abandoned, trademark is a mark that was once registered with the USPTO, but now has a lapsed registration. Even though a dead trademark might lose some of the rights and privileges of a registered mark, it still retains common law protections.
Registering a Class 19 Trademark
When you register a trademark with the USPTO, you are protected against infringement from other companies in the same industry. It is possible to have a similar mark to another company, as long as it will not cause confusion in the marketplace.
What Is a Class 19 Trademark?
Class 19 includes primarily non-metal building materials. It also includes some pipes, stone work, wooden materials, structures, structure components, signs, glass, pavement materials, and some other related goods.
It’s important to remember that most of these materials do not contain metal. Even if you see your good in the following examples, if it contains metal it might belong in a different class.
Non-Metal Building Materials
Building materials in trademark class 19 include: bitumen products, asbestos products, agglomerated cork, beams, girders, binding agents for brick and stone, bricks, building timber and lumber, building stone, cement slabs and other select cement products, chimney related components, concrete, drainpipes, ducts for ventilation and air conditioning, floor tiles, foundry molds, and more.
A number of non-metallic rigid pipes for building fall in this class. Some examples include branching pipes, drain pipes, gutter pipes, and penstock pipes.
Stone for building including granite, quartz, slate, gravel, etc. are in this class.
Plywood, timber and lumber, and other semi-worked woods are in class 19.
Some non-metal structures including pools, skating rinks, pre-fabricated houses, buildings, transportable buildings, and aquaria are in this class.
Non-Metal Structure Components
Windows, staircases, folding doors, doors, door frames, door panels, and other non-metal structure components are in this class.
Some types of glass materials you will find in class 19 are: alabaster glass, building glass, enameled glass, safety glass, and stained-glass windows.
Some components of signs also fall under trademark class 19. Some examples include: non-luminous, non-mechanical, non-metal road signs; and advertisement columns.
This class includes materials for paving. Some examples include asphalt, coal tar, paving blocks, paving slabs, non-metal manhole covers, glass granules for roadmaking, glass granules for marking out roads, road marking sheets, road coating materials, and pitch.
Other Items in Class 19
Other items in trademark class 19 include potter’s clay; stone monuments, busts, and figurines; non-metal diving boards; swimming pools; tombs; and gravel and sand for aquaria. There are many more items in class 19.
There are a few classes that are close to class 19 that your company might also need protection under. Some of these classes include class 6, common metals; class 35, advertising services; class 37, constructions services; and class 40, material treatment services.
If you feel that your business falls under trademark class 19 and one of these classes or another not listed, consider contacting an attorney for advice for filing under more than one class.
What Is Not In Class 19?
The World Intellectual Property Organization (WIPO) notes some specific items that are not in class 49. That list includes:
- Cement preservatives and cement-waterproofing preparations (Cl. 1 )
- Fireproofing preparations (Cl. 1 )
Sometimes registering a trademark with the USPTO can be a difficult process. Doing your research and learning about the different types of applications and the different classes will make it easier. Class 19 is primarily non-metal building materials, but also includes a few other items. To avoid infringement and to get the most out of your trademark protections, contact an attorney with any questions you may have.