The Federal Trade Commission (FTC) has issued a final rule removing the provision that owners of registered word trademarks should furnish the FTC with a copy of the mark’s registration, with the US Patent and Trademarks Office (USPTO), before using the mark on labels. This requirement has been made obsolete by the ease of identifying trademark owners using search engines, or via the USPTO’s website.
This change alters the labelling requirements of the Textile Fiber Products Identification Act, known as the Textile Rules. These oblige marketers to attach a product label to identify:
- Manufacturer or marketer’s name
- Country of origin (processed or fabricated)
- Generic names
- Percentages by weight of the fibers in the product
The rules make allowance for the use of a ‘house mark’ in lieu of the business name. Until now, the FTC required a copy of the USPTO registration of the trademark prior to its use.
The FTC originally published a notice of proposed rulemaking in the Federal Register to amend the Textile Rules and eliminate unnecessary regulations and processes in June 2017. This was initiated in order to reduce compliance costs and increase flexibility. The responses have led to the elimination of this now obsolete rule, which came into effect on February 22, 2018.
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