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The Federal Trade Commission (FTC) issued a final rule updating the Textile Fiber Products Identification Act (Textile Rules) to eliminate the requirement that an owner of a registered word trademark furnish the FTC with a copy of the mark’s registration with the United States Patent and Trademarks Office (USPTO) before using the mark on labels.

SAFEGUARDS | Consumer Products NO. 025/18

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In June 2017, the Commission published a notice of proposed rulemaking in the Federal Register to amend the Textile Rules to eliminate unnecessary regulations and processes in order to reduce compliance costs while increasing flexibility [1]. Based on comments received, The Commission is now eliminating the obsolete provision requiring that the owner of a registered word trademark furnish the FTC with a copy of the mark’s registration with the USPTO before using the mark on labels [2]. Since trademark owners can easily be identified by searching online or via the USPTO’s website, the requirement is no longer needed.

The Textile Labelling Rules requires marketers to attach a label to a textile product disclosing the manufacturer or marketer’s name, the country where the product was processed or manufactured and the generic names and percentages by weight of the fibers in the product. The house mark provisions under the Textile Rules allowed marketers to disclose a trademark used as a “house mark” on a textile label in lieu of their business name only if they had filed a copy of their USPTO registration with the Commission. This notification prior to use will no longer be required.

However, the Commission declined to eliminate the provision allowing only trademarks used as house marks to be used in lieu of marketer’s names, stating that such an amendment would have imposed new burdens and additional costs on consumers and others to identify marketers of textile fiber products.

The amended requirements will be effective on February 22, 2018.

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