Trademark class 25
Class 25 covers clothing, footwear and headwear. Whether a name on a shirt counts as a brand or as decoration depends on how it is used.
Class 25 covers clothing, footwear and headwear. The common difficulty is not the class itself but how the mark appears on the garment. A name used as a brand can register. A phrase printed across the front of a shirt may be read as decoration instead.
Brand or decoration
The USPTO can refuse a mark that is merely ornamental, meaning it looks like a design on the garment and does not tell buyers who made it. Where the mark sits on the product, and how you present it, affects how an examiner reads it.
| Where the mark appears | How it may be read |
|---|---|
| Neck label, hang tag or a small mark on the chest | A brand identifying the maker |
| A large phrase across the front of a T-shirt | Possibly decoration |
| The same phrase on the hang tag and on the product page as the brand name | Stronger evidence of brand use |
Three sellers, three situations
A streetwear label with its name sewn into neck labels and printed on hang tags is the straightforward case. The work is mostly the search, because clothing names are crowded.
A creator selling hoodies with a catchphrase printed large on the front has the ornamental problem. A better route may be to protect the creator's name or a logo, or to use the phrase on tags as well. Our guides on phrases and slogans explain the difference.
A print-on-demand shop that lists designs from many artists has one brand, the shop name. That is the mark to protect. Artwork or characters you do not own cannot become yours by being printed on a shirt.
Collections, seasons and sub-brands
Apparel brands often launch named drops or sub-labels. A seasonal collection name that lasts a few months rarely justifies a filing. A sub-label you plan to keep, with its own tags and following, is a different matter. Tell us which names will outlast the season.
Goods and the shop are different classes
Shirts are class 25. The online store that sells them is a retail store service in class 35. Whether you need both depends on whether you want the store name protected as well as the label. Sellers on marketplaces should also read trademarks for Etsy and Shopify sellers.
Name the garments you sell
The description lists the items, for example hooded sweatshirts, T-shirts and baseball caps. List what you sell or have a genuine plan to sell. An item you do not end up launching can cause trouble later when proof of use is required. Each class carries its own USPTO base fee, so one class covers all the garments in it.
Ask yourself before you print
- Is this a brand name or a design?
- Will the name appear on a label or tag as well as on the front?
- Are the garments sold under a different name from the shop?
Our free name search shows similar marks on record, and the classes overview shows where else your products might sit.
Talk to us: Call +1 (619) 782-6859 or email hello@argostrademark.com
This is general information, not legal advice.