INTERNATIONAL CLASS 26

(Fancy goods)

GENERAL SCOPE OF CLASS 26: Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers. In general terms, this class is comprised of dressmakers’ articles. But it also includes a wide variety of products.

1. SEARCHING:

Searching by coordinated class –

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

2. IDENTIFICATION ISSUES:

Acceptable identifications in this class include:

· Artificial flowers

· Barrettes

· Belt buckles not made of precious metals [for clothing]

· Curl papers

· Hair bows

· Hair bands

· Hair pins

· Hair ribbons

· Sewing boxes

· Shoe buckles

· Buttons for clothing

· Campaign buttons

· Harnesses, leashes and reins for guiding children

· Clasps for clothing

· Cloth patches for clothing

· Tea cozies

· Household appliance covers

· Non-electric hair curlers

· Elastic tape

· Slide and snap fasteners

· Zippers

· Feathers for ornamentation

· Artificial garlands

· Shoe laces

· Knitting needles

· Pin cushions

· Safety pins

· Needles

· Ribbons

· Prize ribbons

· Shoe buckles

· Thimbles

· Toupees

· Wigs

· Ornamental novelty pins

· Ornamental novelty buttons

· Needlepoint kits, consisting of [indicate the components, e.g., needles, thread, patterns]

Additional identification issues:

Certain types of hooks are not in Class 26 such as Metal clothes hooks (Class 6), Non-metal clothes hooks (Class 20), Fishing hooks (Class 28), and Non-metal hooks (Class 20).

Not all needles are in Class 26. Engraving needles are in (Class 8), Phonograph needles are in (Class 9), Needles for medical use [e.g., hypodermic and acupuncture] are in (Class 10), and Needles for pumps for inflating sports equipment (Class 28)

Combs are in (Class 21); ornamental combs or side or back combs are in (Class 26).

Hairbands are in (Class 26) while headbands [i.e., sweatbands worn on the head] are in (Class 25)

Additionally, yarns and threads for textile use are in Class 23.

Indefinite and unacceptable wording includes:

· Bows

· Lace

· Pins

· Buttons

· Hair devices

· Hair holders

· Buckles

· Fasteners

Related goods and services:

Class 23 (yarns and threads for textile use)

Class 35 (retail and wholesale store services for related goods)

Class 41 (educational and entertainment services)

Class 42 (formerly the classification for retail and wholesale store services – there are many registrations extant in this class)

Classes A, B and 200

Other comments:

The word “ZIPPER” is not a registered trademark

SILK is not deceptive for artificial flowers not made of silk. Industry practice recognizes the use of silk on non-silk flowers.

3. ORNAMENTATION:

Designs on patches or embroidered emblems are usually considered ornamentation. In re Dassler, 134 USPQ 265 (TTAB 1982). Designs or wording across the front of a garment are usually considered ornamentation as well. These marks should be refused as not functioning as a mark under Sections 1, 2 and 45 of the Trademark Act. [See TMEP sections 1202.03 et seq; and form paragraphs Q9 and Q9-1 to 3.] Applicant may cure ornamentation several ways: by demonstrating secondary source [e.g. collateral use of the mark] which the Office will construe liberally; by seeking registration under Section 2(f); by amending to the Supplemental Register; by submitting acceptable substitute specimens.