INTERNATIONAL CLASS 23

(Yarns and threads)

GENERAL SCOPE OF CLASS 23: Yarns and threads, for textile use.

1. SEARCHING:

Searching by coordinated class –

023[cc] – 022, 024, 026, 035, 042, A, B, 200

2. IDENTIFICATION ISSUES:

Some general wording is allowed in Class 23. The following wording is acceptable:

· Angora yarn

· Cotton thread

· Embroidery thread

· Linen thread

· Sewing thread

· Spun cotton

· Thread

· Yarn

Goods not included in Class 23:

· Surgical thread is in Class 10

· Threads of precious metal are in Class 14

· Threads of plastic for soldering are in Class 17

· Glass threads [for non-textile purposes] are in Class 21

3. REGISTERED TRADEMARKS:

· CELANESE - U.S. Registration No. 0786477

· FORTREL - U.S. Registration No. 1180254

· TALON - U.S. Registration No. 0856635 and others

4. POSSIBLE DECEPTIVE WORDING RELATING TO MATERIAL CONTENT:

· Cotton

· Silk

· Wool – and wool related terms, e.g. cashmere, vicuna, guanaco, angora, mohair, pashmina, shahtoosh, camel, merino, lamb

If a mark contains any of the above wording, then the identification of goods must be amended to indicate that the goods are made wholly or substantially in part of the material named. An acceptable identification would be: cotton thread, silk thread, cashmere yarn. If the term is a separable element of the mark, then the word must be disclaimed. If the goods are not made at least in part of the material named in the mark, then registration must be refused under Section 2(a) of the Trademark Act [see form paragraph Q22-2] and 2(e)(1) as deceptively misdescriptive [see form paragraphs Q31 and Q31-1 to 3]. This applies equally to foreign words which identify the material or animal skin named. See also In re Shapely, Inc., 231 USPQ 72 (TTAB 1986); In re Budge Manufacturing Co. Inc., 8 USPQ2d 1259 (Fed. Cir. 1988). Foreign equivalents of the above listed terms should be treated as if they were in English.