The U.S. Patent and Trademark Office (PTO), the federal agency that oversees the registration of federal trademarks, divides marks into 45 different "classes" of products or services. The purpose of these classes is to allow different types of businesses to register their trademarks into categories most related to their core business. Class 17 includes mainly rubber and plastic materials, particularly those used in electrical, thermal and acoustic insulating materials or other construction materials, such as sheets, blocks and rods.
For a complete listing of goods included in Class 17, see below. For more information about trademarks and federal registration, see Nolo’s Trademark Center.
Examples of Trademarks in Class 17
DUCK BRAND (duct tape) MAGNA SEAL (wax gaskets), LOCKIN’ POCKET (sealer coating for roofs), NOVATRAY (plastic trays) are all good examples of the types of marks commonly found in Class 17.
You would choose Class 17 if you were registering marks for goods such as rubber, gutta-percha, gum, asbestos, mica or products made from these materials. These would include plastics in extruded form, packing, stopping and insulating materials, and flexible pipes. For example, if you were registering a trademark for padding and stuffing materials of rubber or plastics, you would register it in Class 17.
Related or Coordinated Classes
If you are not sure whether you should register in Class 17, you might also consider the following “coordinated” classes: Class 1 - Chemicals, Class 2 - Paints, Class 6 - Common Metals, Class 19 - Building Materials, Class 35 - Advertising and Business Services, Class 37 - Construction and Repair Services , Class 40 - Material Treatment Services, Class 42 - Science and Technology Services.
A coordinated class is one that is related to another class, usually because the PTO has determined that applicants filing within Class 17 often file in these other classes, too.
The trademark class system will also impact the registration fees that you will pay. For each class of goods or services that you register, you must pay a separate fee. So if you apply for a trademark for posters (Class 16) and shirts (Class 25), you must pay two fees.
You must indicate the correct class at the time you are registering a trademark. If you list the incorrect class, you must start the application process over.
Your registrations are restricted to those classes that encompass the goods or services you are already offering (as shown by the specimens you submit) or that you plan to offer (if you are registering on an intent-to-use basis). You may also need information about the class number in order to narrow a search of the PTO's trademark database.
Supplying Specimens for Class 17
If the mark you want to register in Class 17 is used in commerce, you must furnish a specimen of the mark as consumers see it. The specimen must show the mark as used on or in connection with the goods in commerce. A trademark specimen should be a label, tag, or container for the goods, or a display associated with the goods. A photocopy or other reproduction of a specimen of the mark as actually used on or in connection with the goods is acceptable.
In most cases, where the trademark is applied to the goods or the containers for the goods in Class 17 by means of labels, a label is an acceptable specimen. Shipping or mailing labels may be accepted if they are affixed to the goods or to the containers for the goods and if proper trademark usage is shown. They are not acceptable if the mark as shown is merely used as a trade name and not as a trademark. An example of this is the use of the term solely as a return address.
Stamping a trademark on the goods, on the container, or on tags or labels attached to the goods or containers, is a proper method of trademark affixation. The trademark may be imprinted in the body of the goods, as with metal stamping; it may be applied by a rubber stamp; or it may be inked on by using a stencil or template. When a trademark is used in this manner, photographs or facsimiles showing the actual stamping or stenciling are acceptable as specimens.
The terminology “applied to the containers for the goods” means applied to any type of commercial packaging that is normal for the particular goods as they move in trade. Thus, a showing of the trademark on the normal commercial package for the particular Class 17 goods is an acceptable specimen. For example, gasoline pumps are normal containers or “packaging” for gasoline.
A specimen showing use of the trademark on a vehicle in which the goods are marketed to the relevant purchasers may constitute use of the mark on a container for the goods, if this is the normal mode of use of a mark for the particular goods.
Complete Listing of All Goods in Class 17 Based on Taxonomy
- Flexible pipes, tubes, hoses, and fittings therefor, including valves, canvas hose pipes, clack valves of rubber, compressed air pipe fittings, not of metal, connecting hose for vehicle radiators, flexible tubes, not of metal, hoses of textile material, junctions, not of metal, for pipes/junctions for pipes, not of metal, pipe gaskets/joint packings for pipes, pipe muffs, not of metal/pipe jackets, not of metal, reinforcing materials, not of metal, for pipes, valves of india-rubber or vulcanized fiber [fibre], watering hose.
- Seals, sealants and fillers, asbestos packing, caulking materials, cotton wool for packing [caulking], cylinder jointings, draught excluder strips/weatherstripping, expansion joint fillers/fillers for expansion joints, gaskets/joint packings/seals, chemical compositions for repairing leaks, lute, rubber stoppers, sealant compounds for joints, stops of rubber, water-tight rings/stuffing rings, weatherstripping compositions.
- Waterproofing and moisture proofing articles and materials, waterproof packings.
- Insulation and barrier articles and materials, floating anti-pollution barriers, insulators for cables, fiberglass [fibreglass] fabrics, for insulation/fiberglass fabrics for insulation/fibreglass fabrics for insulation, fibreglass for insulation/fiberglass for insulation/glass fibers, for insulation/glass fibres, for insulation, foils of metal for insulating/metal foil for insulation, glass wool for insulation, insulating fabrics, insulating materials, insulating felt, insulating gloves, insulating oils, insulating paints, insulating plaster, insulating paper, insulating varnish, insulating tape and band/insulating tape, insulating refractory materials, insulators, mineral wool [insulator], substances for insulating buildings against moisture, insulators for railway tracks, slag wool [insulator], insulating oil for transformers.
- Thermal insulation articles and materials, boiler composition to prevent the radiation of heat, non-conducting materials for retaining heat, compositions to prevent the radiation of heat.
- Electrical insulation articles and materials, dielectrics [insulators], insulators for electric mains, paper for electrical capacitors.
- Acoustic insulation articles and materials, bark coverings for sound insulation, soundproofing materials.
- Fire resistant and fire preventive articles and materials, asbestos safety curtains/safety curtains of asbestos, Unprocessed and semi-processed materials included in the class, not specified for use, foil of regenerated cellulose, other than for wrapping/sheets of regenerated cellulose, other than for wrapping.
- Polyester, Mineral fibers, asbestos fibers [fibres]/asbestos fibers/asbestos fibres, asbestos cloth, asbestos fabrics, asbestos millboards, asbestos slate/slate asbestos, asbestos sheets, asbestos paper, asbestos felt, asbestos, mica, raw or partly processed.
- Plastics, plastic film other than for wrapping/plastic film, not for wrapping, plastic substances, semi-processed, plastic fibers [fibres], not for textile use/plastic fibers, not for use in textiles/plastic fibres, not for use in textiles, threads of plastic materials, not for textile use, vulcanized fiber [fibre]/vulcanized fiber/vulcanized fibre.
- Elastomers, balata, cords of rubber, elastic yarns, not for use in textiles/elastic threads, not for use in textiles, guttapercha, latex [rubber], liquid rubber, rings of rubber, rubber, raw or semi-worked/gum, raw or partly processed, rubber solutions, synthetic rubber, threads of rubber, not for use in textiles.
- Synthetic and composite materials, viscose sheets, other than for wrapping.
- Synthetic resins, acrylic resins [semi-finished products], ebonite [vulcanite]/vulcanite [ebonite], synthetic resins [semi-finished products]/artificial resins [semi-finished products], Cellulose acetate, cellulose acetate, semi-processed.
- Glass fibre and glass wool, Carbon fibre, carbon fibers [fibres], other than for textile use, Finished or semi-finished goods, of materials included in the class, specified for use, bands of rubber for unscrewing jar lids, foam supports for flower arrangements [semi-finished products], threads of plastic for soldering/soldering threads of plastic, Tire restoration and repair materials, rubber material for recapping tires [tyres]/rubber material for recapping tyres.
- Molds, ebonite [vulcanite] molds [moulds]/ebonite molds/ebonite moulds/vulcanite [ebonite] molds [moulds].
- Shock-absorbing and packing materials, vibration dampers, bags [envelopes, pouches] of rubber, for packaging, packing [cushioning, stuffing] materials of rubber or plastics, padding materials of rubber or plastics/stuffing of rubber or plastic, rubber sleeves for protecting parts of machines/sleeves of rubber for protecting parts of machines, shock-absorbing buffers of rubber, washers of rubber or vulcanized fiber [fibre].
- Statues and works of art, Coverings, anti-dazzle films for windows [tinted films], asbestos coverings, plastic sheeting for agricultural purposes.
- Mountings, jointings, connectors and spacers, not pipe fixings.
- Membranes and semi-processed synthetic filtering materials, filtering materials [semi-processed foams or films of plastic], Adhesive tapes, strips, bands and films, adhesive bands, other than stationery and not for medical or household purposes/adhesive tapes, other than stationery and not for medical or household purposes, self-adhesive tapes, other than stationery and not for medical or household purposes.
- Clutch and brake linings, brake lining materials, partly processed, clutch linings.