The US Patent and Trademark Office (PTO) organize its trademark registry by categorizing marks into 45 different “classes” of goods or services. Textiles and textile goods not included in other classes, such as bed covers, table covers, and textile covers for household use, are included in Class 24.
The Trademark Class System
A class system governs trademark registration. If your mark qualifies, you can register it in Class 24, as well as other applicable classes. 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 registration is 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.
Trademarks in Class 24
Class 24 marks include PERMAFRESH (bedding textiles), SPANKIE (blanket throws), and SIMPLY KISSY (children’s blankets).
You would not use Class 24 if you were registering:
- electrically heated blankets, for medical purposes (Class 10 – Medical Supplies) and not for medical purposes (Class 11 – Appliances)
- table linen of paper (Class 16 – Paper Goods), or
- Horse blankets (Class 18 – Leather Goods).
Related or Coordinated Classes
If you are unsure whether to register in Class 24, you may want to look into the “coordinated” classes: Class 23 – Yarns and Threads, Class 25 – Clothing, Class 26 – Lace and Embroidery, Class 35 – Advertising and Business Services, and Class 42 – Science and Technology Services.
A coordinated class is related to another class, typically because the PTO has determined that applicants filing in Class 24 frequently also file in the coordinated classes.
Specimens for Class 24
If you are registering a mark that is currently in use in commerce, you must provide a specimen of the mark as it is seen by 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 24 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 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 24 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. Read Trademark class 25