(Household
items)
GENERAL SCOPE OF
CLASS 21: Household or
kitchen utensils and containers (not of precious metal or coated therewith);
combs and sponges; brushes (except paint brushes); brush-making materials; articles
for cleaning purposes; steel-wool; unworked or semi-worked glass (except glass
used in building); glassware, porcelain and earthenware not included in other
classes.
1. SEARCHING:
Searching by coordinated class –
021[cc]
- 008, 011, 014, 016, 020, 022, 028, A,
B, 200 (Note: No services are included.)
Searching by related goods –
Class 21 goods Search
related class
Hair brushes 003
– shampoos and conditioners
Dental Floss 003
- dentifrice; 005 and 010 dental
products
Toothbrushes 003
- dentifrice; 005 and 010 dental
products
Carpet sweepers 007
- vacuum cleaners
2. IDENTIFICATION ISSUES:
Some general wording is allowed in Class 21. The following wording is acceptable:
·
Animal activated
livestock feeders
·
Bakeware
·
Basting spoons
·
Beverageware
·
Bird houses
·
Bowls
·
Brooms
·
Carpet sweepers
·
China
ornaments
·
Cleaning cloths
·
Cocktail shakers
·
Commemorative
plates
·
Cosmetic brushes
·
Dental floss
·
Dinnerware
·
Disposable latex
gloves for general use
·
Electric
toothbrushes
·
Flower pots
·
Gardening gloves
·
Household
utensils, namely, strainers
·
Ironing boards
·
Kitchen ladles
·
Lawn sprinklers
·
Pepper grinders
·
Pig bristles
·
Plastic egg
holders for domestic use
·
Plates
·
Pots
·
Powder puffs
·
Reamers for
fruit juice
·
Rolling pins
·
Shoe horns
·
Sun catchers
·
Tea kettles
·
Thermal
insulated wrap for cans to keep the contents cold or hot
·
Towel bars
·
Trash cans
·
Wind chimes
Indefinite and unacceptable wording includes the
following:
·
Chinaware
·
Containers
·
Cookware
·
Earthenware
·
Glassware
·
Housewares
·
Pottery
Items which are considered "household
containers" are in 21 unless they are "precious metal".
Note that there is nothing mentioned about "common metal". Therefore,
common metal household containers are actually in 21, not 6, where one might
suspect. This is why "garbage cans" are in 21, even though they
are often made of metal. However, the Office and Jessie will frequently
allow classification of some common metal containers in 6 if the metal aspect
is emphasized in the ID more than the household aspect.
The word "household" is also crucial to
classification in 21. The "household containers" language
is specifically listed in the Class Heading. Containers similar to those
in 21 that are for industrial of commercial use are in 20. The Class 20
Heading doesn't really say that, but these industrial or commercial containers
end up their by default because they are "goods not included in other
classes... of plastics". Note, that the "precious metal"
discussion above does not apply here.
Dispensers are treated similarly
3. REGISTERED TRADEMARKS;
·
PYREX – U.S. Registration Nos. 0115846; 0153430; 2032882 and
others
·
THERMOS - U.S. Registration Nos. 0067002, 0176064, 0229816 and
others
4. SUBSTANTIVE REFUSALS;
A. Possible deceptive wording relating to geographic
location:
·
Limoges
·
Dresden
·
Bohemia or Bohemian for crystal products
If the mark contains the name of a well-known porcelain or glass
producing center and there is no connection between applicant’s goods and the
place named, then the mark should be refused under Section 2(a) [see form paragraphs Q22 and Q22-1] as deceptive and
Section 2(e)(3) as geographically deceptively misdescriptive [see form
paragraph Q32-5-1 inter alia].
B. Ornamentation
Ornamentation
as an issue is seen where the mark is used on the visible sides of a mug or
glass or where the applicant is seeking to register the design on
dishware. These types of marks should
be refused under Sections 1, 2 and 45
[see form paragraphs Q9 – Q9-3]. Secondary source will often overcome
these refusals.