INTERNATIONAL CLASS 19

(Non-metallic building materials)

GENERAL SCOPE OF CLASS 19: Building materials (non-metallic); nonmetallic rigid pipes for building; asphalt, pitch and bitumen; nonmetallic transportable buildings; monuments, not of metal.

RELATED INTERNATIONAL CLASSES
2	Paints, preservatives
6	Metal building materials, hardware
11	Heating, lighting, ventilating, & water supply
17	Plastics, insulation
20	Furniture, countertops
27	Plastic floor coverings, tiles
37	Construction & repair services

IDENTIFICATION/CLASSIFICATION OF GOODS GUIDELINES

The following terms are too broad and require classification:

Accessories: Must be specifically named, could include other classes depending on the material composition.

Components: Must be specifically named unless “sold as unit” with the major item.

Parts: Must be specifically named unless “sold as unit” with the major item.

Systems: Must indicate what specific parts the “system” includes.

I.C. 19 does not always correspond to U.S. Class 12. Some goods which are in I.C. 19 are not included in U.S. Class 12 and vice-versa. For example, all metallic construction goods belong in I.C. 6 not I.C. 19; insulation products go in I.C. 17. On the other hand, I.C. 19 includes glass (window and building) which is in U.S. Class 33. Also, I.C. 19 includes many semi-finished products such as sand, stone, clay, lime, etc. in U.S. Class 1. Hardware, unless “sold as a unit” with the primary item, is indefinite and belongs in I.C. 6 or I.C. 20, depending on whether or not it is made of metal.

SPECIAL ISSUES

There are particular problems in this class with respect to specimens. There often are excessive “bulky” specimens, primarily due to the nature of the goods. In addition to this, some of the goods in this class are sold in “bulk” form, such as sand, pre-mixed cement, stone, etc. In situations like hits, the use of photographs of trucks containing the goods and displaying the mark have been deemed acceptable. In re A.E. Miller & Sons Packing Co. Inc., 225 USPQ 592 (TTAB 1985).

Problems arise involving goods described as “houses” or “buildings” with respect to interstate commerce. Unless such goods are sold in prefabricated or modular form, inquiry must be made as to how such goods travel in (or effect) interstate commerce. In re Gastown, Inc., 140 USPQ 216 (CCPA, 1964). Houses and buildings are normally erected on the site and don’t travel in Interstate Commerce.

Many marks in this class, especially those for paneling, incorporate names of types of wood. Inquiry must be made as to whether the product actually contains (in whole or in part) a type of wood. If it does, a disclaimer of that portion of the mark may be necessary. If it does not contain a particular type of wood, registration may be refused under either Section 2(a) or 2(e)(1). See Evans Products Company v. Boise Cascade Corporation, 218 USPQ 160 (TTAB 1983).