In India, trademark registration is granted only for specific goods and services, which are systematically categorized under 45 different classes as per the Nice Classification. Class 25 covers explicitly garments, shoes, and hats, making it essential for apparel and fashion businesses. For any brand in the clothing, footwear, or headgear space, understanding the correct trademark class is crucial, as it not only grants legal protection but is also essential for the business’s growth.
This blog breaks down everything you need to know about Class 25, including why it is essential, what falls under the class, who should apply, the application process, as well as its validity and renewal.
What is Trademark Class 25?
Class 25 of the Nice Classification (adopted in India) covers clothing, footwear, and headgear for human use. This includes ready-to-wear and ready-to-use items, from everyday shoes to special costumes and scarves.
Goods Covered Under Trademark Class 25
The products include:
1. Clothing
- T-shirts, shirts, blouses
- Trousers, jeans, pants, leggings
- Dresses, gowns, skirts
- Jackets, coats, sweaters, cardigans
- Sarees, kurtas, salwar suits, dupattas
- Nightwear (pyjamas, nightgowns)
- Undergarments, lingerie
- Raincoats, overcoats, windcheaters
- Sportswear, activewear, yoga wear
- Uniforms, school wear, aprons
- Swimwear, bathing suits
- Baby clothes and onesies
- Costumes and fancy dress
2. Footwear
- Shoes (formal, casual, sports)
- Sandals, slippers, flip-flops
- Boots (leather, rain, snow)
- Espadrilles, loafers, sneakers
- Ballet flats, high heels
- Children’s shoes
- Shoe soles and parts (non-mechanical)
3. Headgear
- Hats, caps, berets
- Beanies, skullcaps, mufflers
- Helmets (non-protective/fashion)
- Hoods, veils, headbands
- Scarves used as headwear
- Turbans and traditional headwear
Other Related Apparel Items
- Hosiery, socks, stockings, tights
- Gloves (fashion, not protective)
- Belts (clothing), suspenders
- Shawls, stoles, mufflers
- Headbands, wristbands (non-sport)
- Sleep masks
- Ear muffs
- Bandanas
Examples of Class 25 Brands
- Nike, Adidas – sports footwear/apparel
- Allen Solly, Louis Philippe, Zara – garments and sweaters
- Bata – shoes and sandals
- Puma – clothing and headwear
- Reebok – sports footwear and clothing
What Class 25 Does Not Cover?
Goods not Covered Under Trademark Class 25 are
1. Protective Clothing and Gear
- Fire-resistant suits
- Industrial safety gloves
- High-visibility jackets
- Bulletproof vests
These fall under Class 9 (protective and safety equipment).
2. Medical or Orthopedic Apparel
- Compression socks
- Orthopedic shoes
- Supportive belts or corsets for medical use
3. Textile Fabrics and Materials
- Unstitched dress materials
- Fabric by the meter or yard
- Curtain or upholstery fabric
4. Sewing Accessories and Notions
- Buttons, zippers, hooks
- Clothing fasteners
- Sewing kits
5. Retail or Wholesale Services Related to Apparel
- Clothing store services
- Online clothing sales
6. Cosmetic and Beauty Items
- Makeup, perfumes, shampoos, creams
7. Raw Materials or Leather for Making Apparel
- Leather hides, unfinished textile
Who Should Register Under Trademark Class 25?
You should consider registering if you:
- Run a clothing brand including casual, formal, ethnic, and sportswear
- Manufacture footwear for casual or athletic types
- Produce headgear like caps, hats, or fashion helmets
- Want to include apparel accessories like scarves or gloves
NOTE: Even if your items include linings, imitations of leather goods, or hosiery, Class 25 applies.
Why is Class 25 Trademark Registration Important?
In India, trademark registration is not mandatory, but registration provides the following benefits:
- Legal Protection Against Unauthorized Use: Registration allows the trademark owner to take legal action against others who infringe on their exclusive rights over the trademark, i.e., use an identical or deceptively similar mark in the same class or use the same mark without permission of the owner.
- Safeguards Brand Identity: Trademark registration prevents others from copying or misusing your brand name, logo, or style. It ensures that your identity in the fashion market remains unique and secure.
- Helps Build Consumer Trust: Customers trust brands that are officially registered. A registered trademark reinforces credibility and makes your brand appear more credible and reliable.
- Valuable Business Asset: A registered trademark is an intangible asset that can be sold, licensed, or franchised. This can bring long-term financial benefits to the brand owner.
- Prevents Legal Disputes: Trademark registration helps avoid future conflicts and costly legal battles by establishing your legal ownership of the brand name in Class 25.
- Essential for Expansion: If you plan to expand your brand into e-commerce platforms, malls, or international markets, having a registered trademark under Class 25 is often a prerequisite.
- Competitive Advantage: Trademark protection gives your fashion brand a distinct edge in the crowded clothing and apparel industry, keeping imitators at bay.
Overlapping Classes to Consider
You may also need to consider the following classes if your business covers:
- Class 24: Fabrics and textiles
- Class 26: Embroidery, ribbons, buttons
- Class 35: Retail or online sale of apparel
- Class 18: Leather goods and bags
- Class 9: Sports protection gear (optional helmet)
How to Register a Trademark Under Class 25
Follow the steps mentioned below to register under Class 25 of the Trademark:
Step 1: Trademark Search
Conduct a thorough search on IP India’s portal to ensure that your desired mark is unique and not already in use within Class 30.
Step 2: Prepare the Application
Gather all the details for the application, including the details of the applicant, brand/logo, class of goods, and usage date.
Step 3: File the Application
Apply either online via the IP India official website or offline at the appropriate Trademark Registry Office. A government fee is applicable based on the applicant’s type (individual, startup, or others).
Step 4: Examination & Objection (if any)
After you file your trademark application, the Registrar of Trademarks examines it for compliance with the legal requirements.
- If the Registrar has any concerns or finds similar existing marks, an Examination Report is issued.
- You must respond with justifications, clarifications, and evidence to overcome the objections within the stipulated time.
Step 5: Publication & Opposition
Once the application clears the examination stage (or objections are successfully resolved), it is published in the Trademark Journal.
- The trademark remains published for 4 months, allowing third parties to file opposition, if any.
Step 6: Registration Certificate
If no opposition is filed (or successfully defended), the Registrar issues a Registration Certificate. Your trademark is now officially registered under Class 25.
Trademark Validity and Renewal
- A registered trademark is valid for 10 years.
- Can be renewed indefinitely for successive 10-year periods.
- Renewal should be done within 6 months before expiration to avoid a penalty.
Conclusion
If your business revolves around clothing, footwear, headgear, or related accessories. Registering your brand under Trademark Class 25 is essential for protecting your brand identity. It offers legal ownership, market credibility, and future growth potential. Choosing the right class is a crucial decision that secures both your brand and your business’s future in the vibrant world of fashion.
