Trademark for Clothing Brand | What You Must Know

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. 

 

List of Clothing Items Classified under Trademark Class 25

 

• Albs
• Aprons 
• Ascots (Tie or Neckband)
• Baby Clothes
• Bandanas (neckerchiefs)
• Bathing Slippers
• Bath Robes
• Bathing Caps (Not of Plastic)
• Bathing Trunks 
• Bathing Suits / Swimsuits
• Beach Clothes
• Beach Shoes
• Belts (clothing)
• Berets
• Bibs (Not of Paper)
• Boas (necklets)
• Bodices (lingerie)
• Boot uppers
• Boots
• Boxer Shorts
• Brassieres
• Breeches for Wear
• Camisoles
• Cap Peaks
• Caps (headwear)
• Chasubles
• Clothing for Gymnastics
• Clothing of Imitations of Leather
• Clothing of Leather
• Coats
• Collars (clothing)
• Combinations (clothing)
• Corselets
• Corsets (underclothing)
• Cuffs / Wristbands (clothing)
• Cyclists’ Clothing
• Detachable Collars
• Dress Shields
• Dresses
• Dressing Gowns
• Ear Muffs (clothing)
• Esparto Shoes or Sandals
• Fishing Vests
• Fittings of Metal for Footwear
• Football Shoes / Football Boots
• Footmuffs (Not Electrically Heated)
• Footwear
• Footwear Uppers
• Fur Stoles
• Furs [clothing]
• Gabardines (clothing)
• Galoshes / Goloshes
• Garters
• Girdles
• Gloves (clothing)
• Gymnastic Shoes
• Half-Boots
• Hat Frames (skeletons)
• Hats
• Headbands (clothing)
• Headgear for Wear
• Heelpieces for Stockings
• Heelpieces for Footwear
• Heels
• Hoods (clothing)
• Hosiery
• Jackets (clothing)
• Jerseys (clothing)
• Jumper Dresses / Pinafore Dresses
• Knickers / Panties
• Knitwear (clothing)
• Lace Boots
• Layettes (clothing)
• Leggings / Leg Warmers
• Leggings (Trousers)
• Liveries
• Maniples
• Mantillas
• Masquerade Costumes
• Mitres (hats)
• Mittens
• Money Belts (clothing)
• Motorists Clothing
• Muffs (clothing)
• Neck Scarves (mufflers)
• Neckties
• Non-Slipping Devices for Footwear
• Outerclothing
• Overalls / Smocks
• Overcoats / Topcoats
• Paper Clothing
• Paper Hats [clothing]
• Parkas
• Pelerines
• Pelisses
• Petticoats
• Pocket Squares
• Pockets for Clothing
• Ponchos
• Pyjamas / Pajamas 
• Ready-Made Clothing
• Ready-Made Linings 
• Sandals
• Saris
• Sarongs
• Sashes for Wear
• Scarves / Scarfs
• Shawls
• Shirt Fronts
• Shirt Yokes
• Shirts
• Shoes
• Short-Sleeve Shirts
• Shower Caps
• Ski Boots
• Ski Gloves
• Skirts
• Skorts
• Skull Caps
• Sleep Masks
• Slippers
• Slips (undergarments)
• Sock Suspenders
• Socks
• Inner Soles
• Soles for Footwear
• Spats / Gaiters
• Sports Jerseys
• Sports Shoes
• Sports Singlets
• Stocking Suspenders
• Stockings
• Studs for Football Boots
• Stuff Jackets (clothing)
• Suits
• Suspenders / Braces for Clothing (suspenders)
• Sweat-Absorbent Stockings
• Sweat-Absorbent Underclothing
• Sweaters / Jumpers (pullovers)
• Teddies (undergarments)
• Tee-shirts
• Tights
• Tips for Footwear
• Togas
• Top Hats
• Trouser Straps / Gaiter Straps
• Trousers / Pants 
• Turbans
• Underpants
• Underwear / Underclothing
• Uniforms
• Valenki (felted boots)
• Veils (clothing)
• Visors (headwear)
• Waistcoats / Vests
• Waterproof Clothing
• Welts for Footwear
• Wet Suits for Water-Skiing
• Wimples
• Wooden Shoes

 

Steps to Register your Trademark for Clothing Brand 

 

Step 1 - Trademark Search 

 

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.

 

Step 2 - Class Selection

 

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.

 

Step 3 - Application Drafting and Review

 

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.

 

Step 4 - Filling the Application 

 

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. 

 

Documents Required for Trademark Registration

 

Individual/ Sole Proprietorship/ Partnership

 

• PAN Card of Individuals
• Aadhaar Card of Individuals
• MSME Registration Certificate (if any)

 

Pvt Ltd Company/ One Person Company/ Limited Liability Partnership

 

• Registration Certificate of Company
• PAN Card of Company
• Proof of Office Address (Utility Bill, Rent Agreement or Property Receipt)
• Declaration of Directors or Partners

 

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.

 

Fee for Trademark Registration

 

Government Fees 

 

• Rs. 4500 per class per application for Individual/ Sole Proprietorship/ Partnership.
• Rs. 9000 per class per application for Pvt Ltd Company/ One Person Company/ Limited Liability Partnership.

 

Professional Fee 

 

• Rs. 1000/- per application.

 

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.

 

Step 5 - Vienna Codification

 

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.

 

Step 6 - Application Examination

 

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. 

 

Step 7 - Publication in 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.