For clothing brands, trademark registration is an essential part of creating a unique brand identity. It is the first step in ensuring that your valuable assets like brand name, logo and designs remain secure.
Moreover, it will help your clothing brand to distinguish itself from competitors and serve as legal protection for the brand’s logo and other unique elements.
Clothing brands fall under Trademark Class 25, which includes items such as apparel, footwear, headgear and other accessories. Therefore, you must apply for trademark registration online under this class to protect your brand’s unique identity.
Trademark registration for clothing brands in India is a complex process that requires a thorough trademark search in Class 25.
This search is essential to ensure that your clothing brand name does not conflict with any existing trademarks or registered brands.
For example, you cannot trademark "LifeStyle" as it is already trademarked.
Neither can you trademark it by making changes in the spelling, brand color or font like "Lyfstile" or "LifeStyles" or "Lifestyle".
To properly register a trademark, you need to run a trademark search in several ways.
This includes searching the Indian Trademarks Registry, checking the Trademark Journal and speaking with an expert trademark attorney.
For this purpose, we have a team of experts just a click away.
Fill out the form on your right and get in touch with an expert today.
A thorough trademark search can also help identify any potential obstacles before investing money and time into the registration process.
It is important to select the right trademark class to ensure that your registration is successful.
The Indian Trademark Office divides trademarks into 45 classes, each of which covers different goods and services.
When selecting a class for your clothing brand, it is important to consider both the type of products you are selling and any other related services you may offer.
If your product falls in any of the above categories, you must register under Trademark Class 25 for Clothing Brand.
Additionally, selecting the wrong class can lead to disputes with other companies that may have registered their trademarks in similar classes.
Therefore, it is important to carefully consider all available options and make an informed decision for your clothing brand’s trademark registration in India.
Application drafting for trademark registration is a complex process that requires expert knowledge of Indian Trademark Law.
To ensure that your application is properly drafted and reviewed, we have a team of experienced professionals with a deep understanding of laws.
Our team has the expertise to provide you with an application that will meet all legal guidelines.
It will help to ensure that your clothing brand has a strong and secure foundation in India.
After that, our experts will file the application and submit it along with the documents to the Registrar of Trademarks in India.
The applicant must provide all the necessary documents, such as proof of identity, proof of business, proof of address, etc.
Individual/ Sole Proprietorship/ Partnership
Pvt Ltd Company/ One Person Company/ Limited Liability Partnership
Additionally, you must pay the required fees and provide a statement of use.
This statement needs to specify how you intend to use the trademarked name or logo on your clothing brand.
For example, you must mention if you will use it on cloth tags, shopping bags or for marketing ads.
All these steps must be followed carefully to ensure that your application is approved by the Registrar.
So, you can legally start using your trademarked name or logo for your clothing brand in India.
After the application submits on the portal, the trademark authority assigns a code to the application through Vienna Codification.
During this stage, the application status changes to Send to Vienna Codification.
It is a system of international classification that helps distinguish between different types of goods and services.
The next step is the application examination. During this stage, the application status changes to Marked for Exam.
The process of application examination for trademark registration involves a detailed review of the proposed trademark and its use by the assigned officer.
It ensures that the proposed trademark does not infringe upon any existing trademarks.
As well as, it determines whether it meets all the legal requirements for registration.
After the examination, the proposed mark can either be objected to by the authority for certain reasons or it will be published in the Trademark Journal.
The Publication in Trademark Journal serves as an official notice to the public that the mark has been applied for registration. Also, it is open to opposition from the public.
The public can raise opposition towards the mark within 3 months after publication. If there is no opposition, the trademark is accepted and registered under your name.
Therefore, you can now use the trademark legally to build your brand identity.