INTERNATIONAL
CLASS 6
(Metal Goods)
GENERAL SCOPE OF
CLASS 6: Common metals and their alloys; metal building materials; transportable
buildings of metal; materials of metal for railway tracks; nonelectric cables
and wires of common metal; ironmongery, small items of metal hardware; pipes
and tubes of metal; safes; goods of common metal not included in other classes;
ores.
RELATED INTERNATIONAL CLASSES |
|
|
7 |
Machinery |
|
8 |
Hand tools |
|
11 |
Plumbing and hardware |
|
12 |
Vehicles |
|
19 |
Non-metal building materials |
|
20 |
Plastic hardware |
|
37 |
Construction and repair |
|
|
|
RELATED U.S. CLASSES
103
Construction & repair services
IDENTIFICATION/CLASSIFICATION
OF GOODS GUIDELINES
International class 6 includes: metal hardware items, metal building items, and other miscellaneous metal items not otherwise classified.
International class 6 does not
include: plastic hardware which is in
international class 20 or non-metal building materials, i.e. wood or plastic
building goods which are in international class 19. Also, it does not include finished metal goods, e.g. tools, which
are classified elsewhere.
Where building materials are both metal and non-metal materials (e.g. windows), classification is determined by structural parts. Aluminum framed windows are in International class 6 whereas wood-framed windows are in international class 19, although the larger surface area of both are glass.
Valves: Metal
manually-operated valves are in international class 6; automatic control valves
are in international class 9; and plastic manually-operated valves are in
international class 20. Valves being
machine parts are in class 7. Engine
valves for land vehicles are in class 12.
Engine valves not for land vehicles are in class 7.
INDEFINITE
TERMINOLOGY:
Building
material
Fasteners
Hardware – In
appropriate instances, the goods listing “a
full line of metal fasteners” may be accepted. It requires documentation that shows applicant has a
comprehensive line of nuts, bolts, screws, etc.
Treatment
of "pipes" can be confusing. While most metal pipes are in
6, those that are parts of "sanitary installations" are in 11.
Also, only rigid, non-metal pipes are in 19 -- the flexible ones are in
17.
DESCRIPTIVE
WORDING:
Structural
Bolts
Screws
Steel
Alloy
SPECIAL ISSUE:
With respect to Class 6, there is sometimes a likelihood of
confusion issue when the Examiner has the same mark which is used for “metal building materials” in Class 6
and when there is an application for related “non-metal building materials” applied for in Class 19. See:
In re H. H. Robertson Co., 197
USPQ 556 (TTAB 1977) (plastic structural shapes for use as panels v. metal
fascia building panels).