TRADEMARK CLASS 17: Rubber, Asbestos and Mica

The United States Patent and Trademark Office classifies trademarks into 45 distinct categories. Each class represents a different type of product, good, or service.

Registering a Class 17 Trademark

If you're starting a new business, you should register the intellectual properties associated with it as trademarks.

A trademark can be registered for any distinctive name, slogan, symbol, service, or product. Trademarks prevent others from legally imitating your brand. This, however, only applies to intellectual properties of the same class.

As a result, two businesses with the same name can coexist as long as their trademarks are not registered in the same class. When you register your trademark, you will be asked to specify which class it belongs to. If your company sells rubber or plastic products, you should consider filing under Class 17.

What is a Class 17 Trademark?

Before you can register your trademark, you must first determine which class your good, product, or service falls into.

By registering for a Class 17 trademark, you are stating that your intellectual property relates to a product that is intended for businesses and professionals. Because these guidelines are intended to be broad, here are a few examples of the products covered by Class 17.

• Tubes and Hoses: Any plastic and rubber pipes, tubes, hoses, and fittings fall under this category. This category also includes compressed air pipe fittings, connecting hoses, and reinforcing materials.
• Seals and Fillers: This category includes asbestos packing, caulking materials, expansion joint filers, and rubber stoppers. Class 17 also covers weather stripping compositions. Keep in mind that all of these items must be made of rubber or plastic.
• Insulation Materials: Floating anti-pollution barriers, cable insulators, glass wool for insulation, insulating oils, and insulating tape are all covered by Trademark Class 17. This category also covers waterproofing and moisture proofing. Thermal insulation, non-conducting materials for retaining heat and other compositions for retaining heat fall under this category. Class 17 also covers shock absorbing and packing materials such as cushion stuffing, vibration-dampers, and foam supports.
• Plastic and Elastomeric Items: Finally, plastic film (not for wrapping), plastic fibers, threads of plastic, and vulcanized fibers all fall under Class 17 as well. This also includes products such as cords of rubber, elastic yarn, latex, liquid rubber, synthetic rubber, and threads made of rubber. Read Trademark class 18

What is not covered under Class 17?

There are actually several reasons you might not want to file under Class 17. These reasons generally boil down into three issues:

• Your mark infringes on an existing trademark in Class 17.
• Your mark relates to a service instead of a good.
• Your product falls under a different class altogether

Existing Trademarks

If a similar intellectual property is already registered under Class 17, you should consult with an attorney to determine whether you need to rebrand. Fortunately, you can conduct your own search in the IPOPHL database or other relevant trademark databases to check for potential conflicts.

However, before filing for a trademark, it is very common to hire an attorney to conduct a thorough search. If you aren't certain whether your trademark will infringe on someone else's intellectual property, you should consult with a lawyer first.

Intellectual Property Relating to Services

Class 17 only covers products, not services.

If your business provides a service involving rubber or plastic goods, you should consider filing under a different class. For example, if your company converts or treats rubber, you would file under Class 40. (Treatment of Materials). Similarly, if your business frequently deals with custom-made products for chemists or engineers, you should consider registering under Class 42 (Science and Technology Services).

Because the guidelines are broad, determining whether a product falls under Class 17 or another category can sometimes be difficult. For this reason, applicants for Class 17 should also consider related or “coordinated” classes. These may include Class 1 (Chemicals), Class 2 (Paints), Class 6 (Common Metals), Class 12 (Vehicle Tires), and Class 19 (Building Materials). Read more about Trademark Class 19.

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