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Textile Rules Amended to Eliminate Obsolete Requirement

Tuesday, January 23, 2018
Sandler, Travis & Rosenberg Trade Report

The Federal Trade Commission will soon issue a final rule that, effective 30 days from its publication in the Federal Register, will delete an obsolete requirement from the Rules and Regulations under the Textile Fiber Products Identification Act (Textile Rules).

The Textile Rules require marketers to place a label on certain textile products to disclose certain information, such as the name under which the manufacturer or other responsible company does business. The owners of registered word trademarks who use those trademarks as house marks may disclose such trademarks on labels in lieu of their names, but only after filing a copy of their U.S. Patent and Trademark Office registration with the FTC.

The FTC is now eliminating this requirement because it is obsolete, as registered house marks can be found by searching online or on the USPTO website. However, the FTC is not finalizing a proposal that would also have eliminated a provision allowing only trademarks used as house marks to be used in lieu of marketers’ names, stating that such a change would have imposed new burdens and additional costs on consumers and others to identify marketers of textile fiber products.

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