TRADEMARK CLASS 18: Leather and Leather Imitations Products

The United States Patent and Trademark Office (USPTO), the federal agency in charge of federal trademark registration, categorizes marks into 45 different “classes” of products or services. The goal of these classes is to allow various types of businesses to register their trademarks in the categories most relevant to their core business. Class 18 consists primarily of leather, leather imitations, travel goods not otherwise classified, and saddler.

Trademarks in Class 18

Class 18 marks include AVEDA (reusable carrying cases), CHANEL (telephone cases), SATIVA (luggage trunks), and BHAKTI BAGS (all-purpose sports bags).

If you were registering leather and imitations of leather, as well as goods made of these materials that were not included in other classes, you would select Class 18. Animal skins, hides, travel bags, umbrellas, parasols, walking sticks, whips, harnesses, and saddlery are also included.

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If you were registering clothing, footwear, or headgear, you would not use Class 18, as these items have their own classes.

Related or Coordinated Classes

If you are unsure whether to register in Class 18, consider the following “coordinated” classes: Class 14 – Precious Metals, Class 25 – Clothing, Class 35 – Advertising and Business Services, Class 42 – Science and Technology Services, and Class 44 – Medical and Veterinary Services.

A coordinated class is related to another class, typically because the PTO has determined that applicants filing in Class 18 frequently also file in these other classes.

Keep in mind that the registration fees you pay are for the class system. You must pay a separate registration fee for each class of goods or services that you register. So, if you want to apply for a trademark for posters (Class 16) and shirts (Class 25), you’ll have to pay two fees.

When registering a trademark, you must specify the correct class. If you enter the wrong class, you must restart the application process. Your registrations are limited to classes that include the goods or services that you already offer (as evidenced by the specimens you submit) or that you intend to offer (if you are registering on an intent-to-use basis). In order to narrow a search of the PTO’s trademark database, you may also need information about the class number.

Furnishing Specimens for Class 18

If your mark is used in commerce, you must provide a sample of it as it appears to consumers. The specimen must show the mark as it is used on or in connection with commercial goods. A trademark specimen should be a label, tag, or container for the goods, or a display relating to the goods. Acceptable is a photocopy or other reproduction of a specimen of the mark as it is actually used on or in connection with the goods.

A label is an acceptable specimen in most cases where the trademark is applied to the goods or containers for the goods in Class 18 by means of labels. Shipping or mailing labels may be accepted if they are attached to the goods or containers for the goods and show proper trademark usage. They are not acceptable if the mark as shown is used as a trade name rather than a trademark. One example is using the term solely as a return address.

A proper method of trademark affixation is to stamp a trademark on the goods, on the container, or on tags or labels attached to the goods or containers. The trademark can be imprinted in the body of the goods, as with metal stamping, applied with a rubber stamp, or inked on with a stencil or template. Photographs or facsimiles of the actual stamping or stenciling are acceptable as specimens when a trademark is used in this manner.

The phrase “applied to the containers for the goods” refers to any type of commercial packaging that is standard for the specific goods as they move in trade. As a result, displaying the trademark on the normal commercial package for the specific Class 18 goods is an acceptable specimen. Gasoline pumps, for example, are standard containers or “packaging” for gasoline.

If this is the normal mode of use of a mark for the particular goods, a specimen showing the use of the trademark on a vehicle in which the goods are marketed to the relevant purchasers may constitute use of the mark on a container for the goods.