Last updated on January 31st, 2019
Registering a trademark with the United States Patent and Trademark Office (USPTO) is a great way to protect your brand. Before you register, do some research on the process and the different international trademark classes to make sure you have some basic knowledge to navigate the application process.
In this article, we’ll discuss Trademark Class 23, which specifically protects different threads and yarns used to make textiles.
What Is a Trademark?
A trademark is an image, logo, design, slogan, phrase, etc. that credits you as the source of a good or service and helps you set yourself apart from your competition. Trademarks are tools which can help you create and protect your brand.
A registered trademark is a great tool for businesses that plan to expand. It offers protection in areas outside of your original geographical location and protections in e-commerce. You also gain the ability to bring legal action in cases of infringement in both state and federal court.
With the increased protections comes a longer application and up-keep process. You have to apply for a registered trademark and continually update information with the USPTO so that your mark does not become abandoned.
How to Register a Trademark
You can register a trademark online with the USPTO using the Trademark Electronic Application System (TEAS). There are a few different kinds of registration forms including the TEAS Plus form, the TEAS Reduced Fee form, and the Teas Regular form.
The TEAS Plus form has the highest approval rate with the USPTO. When you register using the TEAS Plus form, your good or services must fall under a list already approved by the USPTO.
The TEAS Reduced Fee form has a different set of requirements and does not require the applicant to choose an identification of goods or services from the Trademark ID manual. Both this form and the Plus come at a reduced rate.
The TEAS Regular form is best suited for businesses that need a very specific and customized identification. This form has a high filing cost but may help the applicant avoid causing confusion in the marketplace.
Registering a Class 23 Trademark
Trademark Class 23 protects different yarns and threads that are used to create various textiles. It is a very narrow category compared to a lot of the other classes.
When you register a trademark in any class, you are looking to protect yourself from infringement within the industry. It’s entirely possible that another business will use a similar trademark to yours, but it’s only an issue if there is a likelihood of confusion in the marketplace.
Say you want to register a mark for your company that specializes in embroidery threads and yarns. By registering under a different class, a company that produces a Class 2 paint product can have a similar mark because people are unlikely to confuse the marks when they hit the market.
Keeping this in mind, Class 23 is an incredibly specific class, so it’s relatively easy to figure out whether or not you should register your mark under it.
Essentially, this class covers all raw types of chenille, coir, cotton, darning, elastic, embroidery, fiberglass, hemp, jute, linen, rayon, rubber, sewing, spun thread, woolen thread, spun wool, cotton, and silk which are used in the production of textiles.
Because it’s so specific, Class 23 doesn’t overlap with many other trademark classes. The closest related class is Class 22, which covers ropes, fibers, and other unprocessed and processed textile materials.
Essentially, if your good isn’t specifically listed as being a part of Class 23, then it will most likely fall under Class 22 instead.
Applying to register a trademark can be a difficult process. However, with the right amount of research and legal aid, it’s also a great way to protect and grow your brand.
If you own a business that creates the types of yarns or threads listed above, you should consider registering your brand’s distinguishing elements as trademarks.