The law dictionary defines trademark as a distinctive design, picture, emblem, logo or wording (or combination) affixed to goods for sale to identify the manufacturer as the source of the product. Words that merely name the maker (but without particular lettering) or a generic name for the product are not trademarks.
Use of another's trademark (or one that is confusingly similar) is infringement and the basis for a lawsuit for damages for unfair competition and/or a petition for an injunction against the use of the infringing trademark.
Use of Fiber Trademarks and Generic Names on Labels
In light of Textile Fiber Products Identification Act, as amended on July 9, 1986, the rules for use of Fiber Trademarks and Generic Names on Labels are
(a) A non-descriptive fiber trademark may be used on a label in conjunction with the generic name of the fiber to which it relates. Where such a trademark is placed on a label in conjunction with the required information, the generic name of the fiber must appear in immediate conjunction therewith, and such trademark and generic name must appear in type or lettering of equal size and conspicuousness.
(b) Where a generic name or a fiber trademark is used on my label, whether required or non-required, a full and complete fiber content disclosure shall be made in accordance with the Act and Regulations the first time the generic name or fiber trademark appears on the label.
(c) If a fiber trademark is not required information, but is used elsewhere on the label as non-required information, the generic name of the fiber shall accompany the fiber trademark in legible and conspicuous type or lettering the first time the trademark is used.
(d) No fiber trademark or generic name shall be used in non-required information on a label in such a manner as to be false, deceptive, or misleading as to fiber content, or to indicate directly or indirectly that a textile fiber product is composed wholly or in part of a particular fiber, when such is not the case.
The following table has a list of manufactured fibers, their trade names and manufacturers.
| Fiber Type | Trade Names | Manufacturer | |
| ACETATE |
|
|
|
| ACRYLIC |
|
|
|
| ARAMID |
|
|
|
| BICOMPONENT |
|
|
|
| FLUORO |
|
|
|
| LYOCELL |
|
|
|
| MELAMINE |
|
|
|
| Modacrylic |
|
|
|
| NYLON 6 |
|
|
|
| NYLON 6.6 |
|
|
|
| NYLON 6 or 6.6 |
|
|
|
| OLEFIN |
|
|
|
| PBI |
|
|
|
| PELCO |
|
|
|
| PEN |
|
|
|
| POLYESTER |
|
|
|
| RAYON | |||
| SPANDEX |
|
|
|
Generic Names and Definitions for Manufactured Fibers
As per Rule 7 of Textile Fiber Products Identification Act, some generic names and definitions for manufactured fibers are given here.
Pursuant to the provisions of Section 7(c) of the Act, the following generic names for manufactured fibers, together with their respective definitions, are hereby established:
(a) acrylic - a manufactured fiber in which the fiber-forming substance is any long-chain synthetic polymer composed of at least 85% by weight of acrylonitrile units.
(-CH2-CH-).
CN
(b) modacrylic - a manufactured fiber in which the fiber-forming substance is any long chain synthetic polymer composed of less than 85% but at least 35% by weight of acrylonitrile units.
(-CH2-CH-),
CN
(Except fibers qualifying under subparagraph (2) of paragraph (j) of this section and fibers qualifying under paragraph (q) of this section. [16 CFR 303.7(b), as amended; effective March 13, 1966 and November 3, 1969.)
(c) polyester - a manufactured fiber in which the fiber-forming substance is any long-chain synthetic polymer composed of at least 85% by weight of an ester of a substituted aromatic carboxylic acid, including but not restricted to substituted terephtalate units,-
p(-R-O-C-C6H4-C-O-),
oo
and para substituted hydroxy-benzoate units,
p(-R-O-C6H4-C-O-).
oo
[16 CFR 303.7(c), as amended, effective September 12, 1973, 38 FR 21782.]
(d) rayon - a manufactured fiber composed of regenerated cellulose, as well as manufactured fibers composed of regenerated cellulose in which sustituents have replaced not more than 15% of the hydrogens of the hydroxyl groups.
(e) acetate - a manufactured fiber in which the fiber-forming substanceis cellulose acetate. Where not less than 92% of the hydroxyl groups are acetylated, the term triacetate may be used as a generic description of the fiber.
(f) saran - a manufactured fiber in which the fiber-forming substance is any long-chain synthetic polymer composed of at least 80% by weight of vinylidene chloride units -
(-CH2-CC12-).
(g) azlon - a manufactured fiber in which the fiber-forming substance is composed of any regenerated naturally occurring proteins.
(h) nytril - a manufactured fiber containing at least 85% of a longchain polymer of vinylidene dinitrile -
(-CH2-C(CN)2)
where the vinylidene dinitrile content is no less than every other unit in the polymer chain.
(i) nylon - a manufactured fiber in which the fiber-forming substance is a long-chain synthetic polyamide in which less than 85% of the amide
(-C-NH-)
||
O
linkages are attached directly to two aromatic rings. [16 CFR 303.7(i), as amended, effective January 11, 1974, 38 FR 34112.]
(j) rubber - a manufactured fiber in which the fiber-forming substance is comprised of natural or synthetic rubber, including the following categories:
(1) a manufactured fiber in which the fiber-forming substance is hydrocarbon such as natural rubber, polyisoprene, polybutadiene, copolymers of dienes and hydrocarbons, or amorphous (non-crystalline) polyolefins.
(2) a manufactured fiber in which the fiber-forming substance is copolymer of acrylonitrile and a diene (such as butadiene) composed of not more than 50% but at least 10% by weight of acrylonitrile units
(-CH2-CH-).
CN
The term lastrile may be used as a generic description for fibers falling within this category.
(3) a manufactured fiber in which the fiber-forming substance is a polychloroprene or a copolymer of chloroprene in which at least 35% by weight of the fiber-forming substance is composed of chloroprene units -
(-CH2-C=CH-CH2-).
||
Cl
[16 CFR 303.7(j) as amended, effective March 13, 1966.]
(k) spandex - a manufactured fiber in which the fiber-forming substance is a long-chain synthetic polymer comprised of at least 85% of a segmented polyurethane.
(I) vinal - a manufactured fiber in which the fiber-forming substance is any long-chain synthetic polymer composed of at least 50% by weight of vinyl alcohol units -
(-CH2-CHOH-),
and in which the total of the vinyl alcohol units and any one or more of the various acetal units is at least 85% by weight of the fiber.
(m) olefin - a manufactured fiber in which the fiber-forming substance is any long-chain synthetic polymer composed of at least 85% by weight of ethylene, propylene, or other olefin units, except amorphous (noncrystalline) polyolefins qualifying under category (1) of paragraph (j) of Rule 7. [16 CFR 303.7(m), as amended, effective March 13, 1966.]
(n) vinyon - a manufactured fiber in which the fiber-forming substance is any long-chain synthetic polymer composed of at least 85% by weight of vinyl chloride units -
(-CH2-CHCl-).
(o) metallic - a manufactured fiber composed of metal, plastic-coated metal, metal-coated plastic, or a core completely covered by metal.
(p) glass - a manufactured fiber in which the fiber-forming substance is glass.
(q) anidex - a manufactured fiber in which the fiber-forming substance is any long-chain synthetic polymer composed of at least 50% by weight of one or more esters of a monohydric alcohol and acrylic acid,-
(-CH2 = CH-COOH).
[f16 CFR 303.7(q), as amended, effective November 3, 1969.]
(r) novoloid - a manufactured fiber containing at least 85% by weight of a cross-linked novolac [16 CFR 303.7(r), as amended, effective February 15, 1974, 39 FR 1833.]
(s) aramid - a manufactured fiber in which the fiber-forming substance is a long-chain synthetic polyamide in which at least 85% of the amide -
(-C-NH-)
0
linkages are attached directly to two aromatic rings. [16 CFR 303.7(s), as amended, effective January 11, 1974, 38 FR 34112.]
(t) Sulfar/Sulphur- a manufactured fiber in which the fiber-forming substance is a long synthetic polysulfide in which at least 85% of the sulfide (-S-) linkages are attached directly to two (2) aromatic rings. [16 CFR 303.7(t)effective July 9, 1986.]
(u) PBI - a manufactured fiber in which the fiber-forming substance is a long chain aromatic polymer having reoccuring imidazole groups as an integral part of the polymer chain. [16 CFR 303.7(u) effective July 9, 1986.]