written by | October 6, 2022

All About Trademark Class 25: Clothing, Footwear and Headgear

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You can protect your brand by registering for a trademark when you sell clothing, footwear, and headgear to consumers. Trademark registration for class 25 will help prevent competitors from coming in with knockoff versions of your clothing, footwear, and headgear. It also helps to avoid brand erosion by establishing your brand as an authority in the industry. Registering for a trademark for your clothing, footwear, and headgear helps you own the rights to that specific name or logo. This helps you maintain control over your brand identity when selling these products to wholesalers or consumers directly. 

Registering a trademark is relatively easy since there are only 25 classes available for registration. An experienced attorney can guide you through registering a trademark so that it’s done the first time correctly. The trademark class 25, one of the 45 classification classes, is globally differentiated for embracing varied trademarks related to manufacturing numerous attire and garment items. This trademark class 25 is particularly important in correlation with the registration of trademarks linked to these items and objects worldwide.

Did you know? Trademarks should be applied for or registered under the classes, and each class represents a specific category of products or services. 

What Is a Trademark?

A trademark is a word or symbol that identifies one company’s products as belonging to that company. It is a brand that is legally recognised as belonging to the company that owns it to the exclusion of all others. A trademark is more than a brand name. It includes any word, name, symbol, or device that identifies and distinguishes the source of goods of one party from those of others. 

A trademark is a brand’s legal right that can be registered with the Indian Trademark Registration Office or with the U.S. Patent and Trademark Office (USPTO). It gives you exclusive rights to use a word, design or phrase in connection with your goods or services. It also gives you ownership of a brand that you can transfer to new owners when you decide to sell your company or retire.

Also Read: What Are Different Types of Trademarks in India? Examples & Kinds of Trademarks

What Is Trademark Class 25?

Trademark class 25 in India relates to clothing, footwear, and headgear. It includes items such as shirts, pants, socks, shoes, hats, and gloves. Basically, anything that you would wear on your body would fall under this category. The reason why trademark class 25 is important is that it helps to distinguish your clothing brand from others in the market. 

When you are able to register your trademark in this class, it gives you a legal right to use it on these types of products. This can help to prevent others from using a similar mark on their own products, which could cause confusion for consumers. In order to register your trademark in this class, you will need to file an application with the trademarks office in India. Once your application has been approved, you will be able to use your trademark on clothing, footwear, and headgear.

List of Items Included Under Trademark class 25

Given below the comprehensive list of items that are included under Trademark class 25:

  • albs
  • aprons [clothing]
  • ascots
  • babies’ pants [clothing]
  • bandanas [neckerchiefs]
  • bath sandals
  • bath slippers
  • bath robes
  • bathing caps
  • bathing trunks/bathing drawers
  • bathing suits/swimsuits
  • beach clothes
  • beach shoes
  • belts [clothing]
  • berets
  • bibs, not of paper
  • boas [necklets]
  • bodices [lingerie]
  • boot uppers
  • boots*
  • boots for sports*
  • boxer shorts
  • brassieres
  • breeches for wear
  • camisoles
  • cap peaks
  • caps [headwear]
  • chasubles
  • clothing*
  • 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]
  • goloshes/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] / leg warmers
  • leggings [trousers]
  • liveries
  • maniples
  • mantillas
  • masquerade costumes
  • mitres [hats] / miters [hats]
  • mittens
  • money belts [clothing]
  • motorists’ clothing
  • muffs [clothing]
  • neck scarves [mufflers] / mufflers [neck scarves] / neck scarfs [mufflers]
  • neckties
  • non-slipping devices for footwear
  • outer clothing
  • overalls/smocks
  • overcoats / topcoats
  • paper clothing
  • paper hats [clothing]
  • parkas
  • pelerines
  • pelisses
  • petticoats
  • pocket squares
  • pockets for clothing
  • ponchos
  • pyjamas / pajamas (Am.)
  • ready-made clothing
  • ready-made linings [parts of clothing]
  • 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 / sweat-absorbent underwear
  • sweaters / jumpers [pullovers] / pullovers
  • teddies [undergarments]
  • tee-shirts
  • tights
  • tips for footwear
  • togas
  • top hats
  • trouser straps/gaiter straps
  • trousers/pants (Am.)
  • 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

Also Read: Trademark Registration- What is Trademark Regisration? How does it Help Small Businesses?

How to Register for a Trademark for Class 25?

Before you can register for a trademark for clothing, footwear, and headgear, you need to conduct a thorough search to make sure that no one else has registered that mark. If you find that no one has registered the same mark, you can file an application with the Indian Trademark Office (ITO). The ITO has offices in New Delhi, Mumbai, Chennai, Kolkata and Hyderabad. 

The application process has three stages, which are as follows:

1. Application Stage: In the application stage, you submit your application and pay the applicable fee. An examiner will then review your application to ensure that you have provided all the necessary information. 

If all the information is present, your application will then be published in the Trademarks Journal of India (TMJI). This allows third parties to object to your mark if they believe that it is a violation of their own mark or if they believe that it is confusingly similar to their mark. 

2. Publication Stage: If no objections are filed, your mark is published in the TMJI. You then have three months from the date of publication to provide an explanation if someone files an opposition. The opposition would be based on the mark being too similar or a violation of their mark. 

3. Acceptance stage: Once the opposition period is over, your mark will be accepted, and you can then file a trademark application. Then, your mark will be examined to ensure that it meets certain requirements, such as being distinct and being able to be represented graphically. Once your mark passes the examination process, it will be registered.

Which Goods Are Eligible for Trademark Class 25?

Any clothing, footwear, or headgear you intend to sell can be eligible for trademark registration. This includes t-shirts, socks, shoes, jackets, hats, and other garments intended for general use. These can be sold in any country, so they’re perfect for registering a trademark in class 25. Other types of clothing that are eligible for trademark class 25 include uniforms, safety gear, and medical scrubs. Headgear like caps and hats are also included in this class. Footwear like sandals, shoes, and boots are also included as well. If you’re unsure if your product is included in trademark class 25, a patent attorney can help you figure that out. They can also help you decide how to protect your brand from predators looking to steal your sales. Trademark registration can be extremely helpful in this regard.

Limiting Risks with Trademark Protection

A trademark is a type of intellectual property that helps you protect your brand from knockoff merchandise. If someone is selling unlicensed versions of your clothing, footwear, or headgear, you can file a trademark infringement lawsuit. This can help you recover any lost profits and remove unlicensed merchandise from the marketplace. Some people may try to imitate your brand and sell counterfeit products. This is dangerous to your business since consumers might be misled into thinking they’re buying your products. Protect your brand by registering a trademark with class 25. This helps you recover any lost profits if knockoff merchandise is found in the marketplace.

Why is Trademark Registration Important for Clothing, Footwear and Headgear?

Branding is the process of creating visual associations between your company’s products and the company itself. This helps consumers identify your company by name. A well-established brand can help your company grow as it becomes more well-known. When consumers see your brand, they immediately recognise your products. This has been helpful for many brands, which have become household names. For example, Nike has become internationally recognised as a brand specialising in athletic apparel. 

Customers can identify Nike products just by seeing the Nike logo. They don’t need to know the name of a specific Nike product to identify it as a Nike product. Trademark registration can help you create a brand that’s recognised across the globe. Trademarks help you establish your company as a leader in the industry. Customers immediately know that they’re purchasing your products when they see your brand name. This can help to increase brand recognition significantly.

Also Read: What Are Trademark Classes? Explained in Detail Along with Trademark Class List

Conclusion

While it may seem like clothing, footwear, and headgear are easy classes to register for, it can be a bit tricky. You need to find a unique mark that isn’t already in use. You also have to have evidence of your first use of the mark. If you’re unsure if the mark you want to use is available, an experienced attorney can help you find a truly unique mark. They can then help you file for trademark registration for class 25.  Follow Khatabook for the latest updates, news blogs, and articles related to micro, small and medium businesses (MSMEs), business tips, income tax, GST, salary, and accounting.

FAQs

Q: Is trademarking required?

Ans:

Trademarking is a critical step to protecting your brand persona. It will prevent competitors from stealing your customers by impersonating your brand. It could also offer some safeguards if those imposters do something that harms your prestige.

Q: Is it possible to buy or sell a trademark?

Ans:

Selling a trademark, also recognised as trademark assignment, is giving another person possession of a trademark registered in your name. In India, trademark sales are possible. The entrepreneur of a trademark could indeed sell it to any person or legal entity through the trademark allocation problem.

Q: Can I share my trademark?

Ans:

The trademark will be registered in the names of both parties to be held jointly. Both entities or parties will be granted the same rights to use the trademark as if a single person owned them. The joint entities or parties are not permitted to use the collectively registered trademark against one another.

Q: Is it feasible to trademark a single word?

Ans:

No! Although a single word can be trademarked, it’s not feasible to do so. For example, "Pencil" is not a trademarkable term. Generic terms are not registrable as trademarks. But, they can be used as trademarks as long as the name still enables the market to distinguish you from your competitors. However, it never means that you own the term now!

Q: What is a Class 25?

Ans:

Class 25 entails human garments, footwear, and headwear. This Class includes: - clothing, footwear, and headwear parts, such as cuffs, pockets, fully prepared linings, heels and heelpieces, cap peaks, and hat frames (skeletons).

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The information, product and services provided on this website are provided on an “as is” and “as available” basis without any warranty or representation, express or implied. Khatabook Blogs are meant purely for educational discussion of financial products and services. Khatabook does not make a guarantee that the service will meet your requirements, or that it will be uninterrupted, timely and secure, and that errors, if any, will be corrected. The material and information contained herein is for general information purposes only. Consult a professional before relying on the information to make any legal, financial or business decisions. Use this information strictly at your own risk. Khatabook will not be liable for any false, inaccurate or incomplete information present on the website. Although every effort is made to ensure that the information contained in this website is updated, relevant and accurate, Khatabook makes no guarantees about the completeness, reliability, accuracy, suitability or availability with respect to the website or the information, product, services or related graphics contained on the website for any purpose. Khatabook will not be liable for the website being temporarily unavailable, due to any technical issues or otherwise, beyond its control and for any loss or damage suffered as a result of the use of or access to, or inability to use or access to this website whatsoever.
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Disclaimer :
The information, product and services provided on this website are provided on an “as is” and “as available” basis without any warranty or representation, express or implied. Khatabook Blogs are meant purely for educational discussion of financial products and services. Khatabook does not make a guarantee that the service will meet your requirements, or that it will be uninterrupted, timely and secure, and that errors, if any, will be corrected. The material and information contained herein is for general information purposes only. Consult a professional before relying on the information to make any legal, financial or business decisions. Use this information strictly at your own risk. Khatabook will not be liable for any false, inaccurate or incomplete information present on the website. Although every effort is made to ensure that the information contained in this website is updated, relevant and accurate, Khatabook makes no guarantees about the completeness, reliability, accuracy, suitability or availability with respect to the website or the information, product, services or related graphics contained on the website for any purpose. Khatabook will not be liable for the website being temporarily unavailable, due to any technical issues or otherwise, beyond its control and for any loss or damage suffered as a result of the use of or access to, or inability to use or access to this website whatsoever.