The Trademark Class 23 includes yarns and threads used to create textiles or garments. This class also includes hats, gloves, mittens, and other items made from yarns and threads. In general, products in this class must be made from natural fibres. Synthetic fibres are not eligible for protection under this category unless they can be proven to have special properties that natural fibres do not possess. Classification of goods and services is an important task since it directly affects the scope of trademark protection under the given country’s laws. The correct classification of yarns helps a business owner file for registration more efficiently and avoid wasting time and money on applications that the relevant authorities will not accept as a consequence of improper or insufficient classification.
Did you know? India surpassed Japan in the number of trademark applications filed in 2020, moving up to the fifth-largest position globally.
Why Is Trademark Class 23 Important?
The goods and services included in Trademark Class 23 are essential for daily life. People rely on them in their daily activities or for their occupations. When goods or services are essential for daily life, a wide variety of products are made from natural or synthetic fibres, including but not limited to: sewing thread, embroidery thread, quilting thread, and carpet thread.
The owners of trademarks in these categories can apply for registration in a special form called Supplemental Register. This form of registration allows trademark owners to protect their marks in these categories even in the absence of any intent to use the mark. This class also includes goods that are used in the manufacture of other products, such as weaving yarns and knitting yarns. If you are unsure whether your product falls into this category, you can consult with a qualified trademark attorney who can help you make the determination.
Finally, it's important to note that some yarns and threads are specifically excluded from this class. For example, CLASS 9 includes all electric wire and insulated wire used for telecommunications purposes. This exclusion is important to keep in mind when selecting a trademark class for your goods.
Also Read: Trademark Check - How to Check if Trademark is Available | Khatabook
List of Items That Falls Under Trademark Class 23
Given below the comprehensive list of items that fall under Trademark Class 23:
- Chenille yarn
- Coir thread and yarn
- Cotton thread and yarn
- Darning thread and yarn
- Elastic thread and yarn for textile use
- Embroidery thread and yarn
- Fibreglass thread for textile use/fibreglass thread for textile use
- Hemp thread and yarn
- Jute thread and yarn
- Linen thread and yarn
- Rayon thread and yarn
- Rubber thread for textile use
- Sewing thread and yarn
- Silk thread and yarn
- Spun cotton
- Spun thread and yarn
- Spun wool/worsted
- Spun silk
- Thread of metal for embroidery
- Threads of plastic materials for textile use
- Woollen thread and yarn
- Yarn* / thread*
Who Can Apply for Registration in Trademark Class 23?
In India, trademark registration is classified under different classes as per the Nice Classification. As of now, there are 45 trademark classes in India. Class 23 includes yarns and threads for textile use, embroidery threads, sewing threads and textile braid in India. This class is related to the textile industry.
Any company or individual engaged in the business of manufacturing or selling products mentioned in Class 23 can apply for trademark registration in that class. The procedure for trademark registration in India is as follows: The applicant needs to file a trademark application with the Trademark Registry in the concerned jurisdiction.
The application must contain a clear and accurate representation of the mark and the list of goods/services for which registration is sought. After the application is filed, it undergoes examination by the examiner to ensure that it satisfies all the procedural and substantive requirements. If the mark is found to be eligible for registration, it is published in the Trade Marks Journal.
After publication, any third party can oppose the registration of the mark within 60 days from the date of publication. If no opposition is filed or if the opposition is decided in favour of the applicant, the mark is registered, and a registration certificate is issued. The registration is valid for ten years from the date of filing and can be renewed indefinitely for further periods of 10 years each.
Also Read: How to Check Trademark Status - Complete Procedure For Checking Trademark Status
How to Register a Trademark in Trademark Class 23?
1. The first step to registering a trademark in Trademark Class 23 is to choose a trademark that is both distinctive and not confusingly similar to an existing mark.
2. Once you have a mark you want to register, you will need to conduct a trademark search to make sure there are no conflicting marks already in the Trademark Registrar’s records.
3. Once you have your mark and have verified that no conflicting marks exist, you will need to compile an application for registration.
4. This application will need to include your proposed mark, a description of the goods or services your mark will represent, and an identification of the owner of the mark (this information can be in the form of a company name and address).
What Cannot Be Registered in Trademark Class 23?
Some goods included in Trademark Class 23 may not be eligible for registration. For example, goods that are not made from fabrics or are not used in the creation of textiles are not included in this class. In addition, goods that are not made from natural fibres or contain synthetic fibres are not included in this class. These goods include items such as plastic fabric, plastic threads, and plastic fabrics. These types of goods are not included in Trademark Class 23 because they are not traditional fabrics.
Limitations of Trademark Class 23
In India, trademark law is governed by the Trademark Act, 1999. The act sets out the requirements for registration and lists several classes in which trademarks may be registered. However, there are some limitations on registering trademarks in Class 23.
In particular, the use of a mark in this class must be restricted to the product type specified in the application. For example, if a mark is used on clothing, it can only be registered in Class 23 if it is specifically for clothing. Moreover, a mark that is registered in another class cannot be registered in Class 23 unless it meets the requirements for use in that class.
Goods included in Trademark Class 23 are usually used in people's daily lives. They are thus not usually traded internationally, which means that protection in a foreign country is not guaranteed. In addition, goods in this class are usually not sold at high prices, which means their profit margin is low, and trademark owners cannot expect to make significant income from these goods.
As a result, businesses that wish to register their trademarks in Class 23 must meet certain requirements before they can do so.
Also Read: Trademark Registration- What is Trademark Regisration? How does it Help Small Businesses?
Key Takeaway
If you're in the business of yarn or thread, Trademark Class 23 is the class for you. This class includes a wide range of products made from natural or synthetic fibres, including but not limited to sewing thread, embroidery thread, quilting thread, and carpet thread. Keep in mind that some yarns and threads are specifically excluded from this class - so be sure to consult with a qualified trademark attorney before making your final decision.
When goods or services are essential for daily life, the owners of trademarks in these categories can apply for registration in a special form called Supplemental Register, which is valid for 10 years. When trademark owners apply for registration in this special form, they can protect their marks in these categories even without any intent to use the mark.
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