Last updated on January 31st, 2019
If you own your own business, you probably have created a brand to set yourself apart from your competition. In order to protect that brand, you should register your name and logo with the United States Patent and Trademark Office (USPTO).
In this article, we’ll cover Trademark Class 22, which protects businesses that sell various types of textiles and related goods.
What Is a Trademark?
A trademark is an image, logo, design, phrase, word, etc. that establishes you as the original source of your product and sets you apart from your competition.
Trademarks are branding tools which can help you become recognizable to your consumer base and distinguish you from your competition.
When you register a trademark with the USPTO, you gain protection from infringement within the same industry. If a mark has a registration in the same international trademark class, there’s a good chance trying to register a similar mark will cause confusion in the marketplace.
When you apply, you will need to include the class or classes that your goods or services fall under.
If you bring legal action against someone infringing on your trademark rights or someone accuses you of infringement, a likelihood of confusion has to exist between your two brands. This means that because of the misuse of a trademark, consumers are likely to mix up two marks.
In order to avoid infringing on someone else’s rights, use the Trademark Electronic Search System (TESS) to do research.
If you come across a trademark, active or inactive, that has a similar mark in your industry and you are concerned about infringing on the rights of the owner, consider contacting an attorney to help you avoid future legal troubles.
How to Apply to Register Your Trademark
If you plan on expanding your business, consider registering your trademark. Although common law protections can be enough for local businesses, registering your mark will increase the scope of your protection.
You can register for a trademark online with the USPTO. Although you can complete this process on your own, consulting an attorney will help your chances of getting your application approved.
Registering a Class 22 Trademark
Trademark Class 22 covers textiles including ropes, materials for ship and boat building, padding materials, cushioning and stuffing materials, raw fibrous materials, other textiles, and some other miscellaneous items.
Materials for Ship and Boat Building
Ship and boat building require materials like canvas and other textiles. Many of these textiles are a part of this class.
Textiles used in ship and boat building that are in Class 22 include canvas for sails, fibrous gaskets for ships, fishing nets, sails, and tarpaulins.
Ropes and other binding goods make up another large part of this class.
Examples of goods included on this list include non-metal binding thread for agricultural purposes, non-metal braces and straps for handling loads, car towing ropes, cords for hanging things, rope ladders, yarns, strings, straps, twine, and whipcord.
Many types of padding are composed of old textiles and fibers, so these padding materials fall under this class as well.
Cotton waste (“flock”), various pieces of cloth padding, and other similar padding materials all fall under this definition.
Cushioning and Stuffing Materials
Materials and fibers for cushioning and stuffing are in Class 22 as well.
These goods include feathers for bedding and upholstery, grasses for upholstery, seaweed for stuffing, straw for stuffing upholstery, and wadding for upholstery.
Raw Fibrous Textile Materials
Many of the fibrous textiles in this class are treated before being put on the marketplace. These items in their raw forms are in this class as well.
Specifically, most forms animal hair, carbon fibers, coconut fiber, cocoons, raw cotton, cotton tow, down feathers, eiderdown, esparto grass, fleece, wool, hemp, silk, and wood shavings appear in this class in their raw forms.
Various specific textile materials also make an appearance in this class. This list includes products such as various types of camouflage materials, hammocks, mail bags, nets, tents, vehicle covers, and some forms of treated wool.
As a class that deals with processed and semi-processed goods, there are many products that could fall into other classes. The majority of classes related to Class 22 are used to classify materials that simply fall better into other classes.
For example, while ropes are generally categorized under this class, ropes made from metal instead fall under Class 6, which broadly protects common metal goods.
Similarly, if your business sells products used to make these goods, you might also want to file under another class. For example, yarn and thread used to make textiles usually fall under Class 23 instead.
What Is Not Included in Trademark Class 22?
According to the World Intellectual Property Organization (WIPO), there are several items which are not in this class. As a few common examples, consider:
- Strings for musical instruments (Class 15)
- Paper and plastic packaging bags (Class 16)
- Garment bags for travel (Class 18)
- Strings for sports rackets (Class 28)
A trademark is a branding tool to set you apart from your competition and show your customer that you are the origin of the product or service.
When you register, you will need to include the international trademark class or class best suited to your good or service. Trademark Class 22