Trademark Class 26: Lace and Embroidery

Choose Class 26 if you are registering a trademark for lace and embroidery, ribbons and braid.

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 26 includes lace, embroidery, ribbons, braid, buttons, hooks and eyes, pins, needles, and artificial flowers.

For a complete listing of all goods in Class 26, see below. For more information about trademarks and federal registration, see Nolo's articles on Trademark law.

Examples of Trademarks in Class 26

Examples of Class 26 marks include LASER LACES (shoe laces), FIRST LADY (wigs) and METALUXE (hook and loop fasterners).

You would not use Class 26 if you were registering yarns and threads for textile. Instead, you would use Class 23 - Yarns and Threads.

Related or Coordinated Classes

If you are not sure whether you should register in Class 26, you might also consider the following “coordinated” classes: Class 23 - Yarns and Threads, Class 24 - Textiles, Class 35 - Advertising and Business Services, and 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 26 often file in the coordinated classes, too.

The trademark class system also impacts the registration fees that you will pay for your application. 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.

Furnishing Specimens for Class 26

If you are registering a mark that is currently being 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 26 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 26 goods is an acceptable specimen. For example, gasoline pumps are considered 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 26 Based on Taxonomy

  • Accessories for apparel, sewing articles and decorative textile articles, appliqués [haberdashery], badges for wear, not of precious metal, beads other than for making jewelry, belt clasps, binding needles, birds' feathers [clothing accessories], blouse fasteners/dress body fasteners, bobbins for retaining embroidery floss or wool [not parts of machines], bodkins, boxes for needles, braids, brassards/arm bands [clothing accessories], brooches [clothing accessories], buckles [clothing accessories], buttons, chenille [passementerie], collar supports, competitors' numbers, cords for clothing, cords for rimming, for clothing, corset busks/whalebones for corsets, darning needles, darning lasts, edgings for clothing, elastic ribbons, embroidering crochet hooks, embroidery/fancy goods [embroidery], expanding bands for holding sleeves, eyelets for clothing, false hems, fastenings for clothing/dress fastenings, fastenings for suspenders/fastenings for braces, feathers [clothing accessories], festoons [embroidery], frills [lacework], frills for clothing, fringes, gold embroidery, haberdashery, except thread, hat ornaments, not of precious metal, heat adhesive patches for repairing textile articles, hook and pile fastening tapes, hooks for corsets, hooks [haberdashery], knitting needles, lace for edgings, lace trimmings/passementerie, letters for marking linen, mica spangles, monogram tabs for marking linen/numerals or letters for marking linen, needle cushions, needle cases, needles, needles for wool combing machines, numerals for marking linen, ornamental novelty badges [buttons], ostrich feathers [clothing accessories], heat adhesive patches for decoration of textile articles [haberdashery], picot [lace], pin cushions, pins, other than jewelry [jewelry (Am.)], prize ribbons, reins for guiding children, ribbons [haberdashery], rosettes [haberdashery], rug hooks, saddlers' needles, sewing boxes, sewing thimbles, sewing needles, shoe ornaments, not of precious metal, shoe eyelets, shoe fasteners, shoe hooks, shoe buckles, shoe laces, shoemakers' needles, shoulder pads for clothing, shuttles for making fishing nets, silver embroidery, skirt flounces, snap fasteners, spangles for clothing, tapes for curtain headings, tassels [haberdashery], tinsels [trimmings for clothing]/orsedew [trimmings for clothing], top-knots [pompoms], trimmings for clothing, trouser clips for cyclists, woolen laces, zip fasteners/slide fasteners [zippers]/zippers, zippers for bags/zip fasteners for bags.
  • Hair ornaments, hair rollers, hair fastening articles, and false hair, barrettes [hair-slides], bows for the hair, false beards, false hair, false moustaches, hair bands, hair grips [slides]/slides [hair grips], hair ornaments, hair curling pins, hair pins, hair nets, hair curling papers, hair extensions, hair coloring caps/hair coloring caps, hair curlers, other than hand implements, human hair, plaited hair/tresses of hair, toupees, wigs.
  • Artificial fruit, flowers and vegetables, artificial flowers, artificial fruit, artificial garlands, artificial plants, wreaths of artificial flowers.

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