This article will cover international trademark class 27. Trademark class 27 protects carpets, rugs, mats, and other floor coverings.
Registering a trademark with the United State Patent and Trademark Office (USPTO) is a great way to protect your business. If you are thinking about registering a mark, you will need to do some research on basic trademark information. You will also need to learn about the different international trademark classes and figure which one best fits your business needs.
What Is a Trademark?
A trademark is a tool to create your brand. It is an image, logo, slogan, phrase, etc. that sets what you’re selling apart from what your competition sells. It also shows that you are the original source of your good or services. Basically, a trademark will help you build a recognizable brand for your competition and your consumer base.
Why Should I Have a Registered Trademark?
A registered trademark uses the ® symbol. A registered trademark holder has gone through an application process and is maintained with the USPTO. When you register a mark with the USPTO, you gain protections outside of your original jurisdiction and protection from infringement in e-commerce. You also gain the ability to take legal action in state and federal court against infringing parties.
If a common law trademark holder has priority, even if a trademark seems abandoned, the holder can sometimes claim damages even if the infringing party has a registered mark.
When Should You Register Your Mark?
If you own a small business you might be wondering if it is the right time for you to register. Beginning to expand your business and worrying about confusion in the marketplace are signs that it is probably time to start considering registration.
If you are unsure how to move forward with a registered trademark, an attorney can help you. There are attorneys who specialize in trademarks and intellectual property who can help you decide the right direction for you based on your business and how you plan to expand.
How to Register a Trademark
You can register a trademark online with the USPTO using the Trademark Electronic Application System (TEAS). You will need to do some research before picking the right application. The main applications include the TEAS Plus form, the TEAS Reduced Fee form, and the TEAS Regular form. Each application has pros and cons depending on your business and trademark needs.
Talk to a lawyer for assistance with each step in the filing process.
Do Your Research with the TESS
If you have decided to register a mark, you will need to do some research before you move forward. In order to check to make sure that there are no similar marks in the same industry that could be confused with the mark you are trying to register, conduct a search with the Trademark Electronic Search System (TESS).
Registering a Class 27 Trademark
When you register a trademark, the application will ask you for the international trademark class that best fits the good or service you sell. Sometimes you will need to register for more than one class to properly protect your business.
When you register a mark, you gain protection from infringement in the same industry. For this reason, if you were to register a mark in class 27, someone can register a similar mark in a different class. In order to prove infringement, there needs to be a likelihood of confusion. This means that if a consumer walks into a store, they would be likely to confuse your brand with another. This mostly happens when two confusingly similar trademarks are used for products in the same industry.
What Is a Class 27 Trademark?
Trademark Class 27 is primarily for different types of floor coverings. A good way to determine your product belongs in class 27 is if it is used to cover another flooring surface. For example, linoleum, though a flooring surface like hardwoods, is usually used to cover a preexisting flooring surface.
Class 27 can be categorized by carpets, mats, and other floor coverings.
Outdoor or Athletic Flooring
Floor and ground coverings for athletic purposes are in class 27. Floor and ground coverings in this class include: artificial turf, gymnasium mats, mats made of woven rope for ski slopes, and yoga mats
Carpets, Rugs, and Mats
Carpets, rugs, and mats in this class include: bath mats, carpet underlay, carpets for automobiles, carpets, rugs, non-slip mats, reed mats, and doormats.
Some flooring is in class 27. Even though these materials are used as flooring, they are usually covering an existing surface. These goods include: linoleum, floor mats, and fire resistant floor coverings.
Other Coverings in Trademark Class 27
There are two main categories in class 27 for wall coverings. These items include: decorative wall hangings that aren’t made of textile and textile wallpaper.
What Is Not in Class 27?
Registering a trademark is a great way to protect your expanding business. If you think registering is the right step for you but you have additional questions or need help with the application process, an attorney can help you.
International trademark class 27 is a fairly narrow category of goods. It is primarily made up of floor coverings, carpets, rugs, and mats.