International Trademark Class 25 is the correct class for clothing, footwear, apparel, and related goods.
Trademark Classes Background
When applying for a trademark application, applicants must classify their goods and/or services into forty-five different trademark classes. Applicants must identify what goods and services they are applying for when they file their trademark application. Applicants can elect to file a trademark application for one class of goods/services or for multiple classes in an application, for an additional costs.
It is important to correctly identify the goods and services applied for in a trademark application correctly. If goods or services are misclassified, the Examining Attorney will likely issue and Office Action, delaying the whole application process.
Although not perfect, the United States Patent and Trademark Office (USPTO), and the international trademark community at large, tries its best to organize the forty-five trademark classes in a logical way. The best place to start when looking for what trademark class(es) to file for in a trademark application is the USPTO Trademark Identification Manual.
You can visit the Trademark ID Manual at here to determine what trademark classes are right for your trademark application
Trademark Class 25 - Clothing, apparel, footwear, headwear and related goods
Think of Class 25 as what you find in your closets and dresser drawers
Unlike some classes, Class 25 is well organized and limited to one specific field of products. Class 25 is for trademark applicants seeking to protect their trademarks in connection with clothing, footwear, apparel, headwear and related goods.
In Class 25, trademark applicants can use broad terms to describe their products, such as shirts, and/or be very specific by listing t-shirts, rugby shirts, sports shirts, polo shirts, yoga shirts, etc…
Some trademark attorneys think it is best to apply just for broad categories of goods, such as footwear. While others think it is better to list the specific footwear styles a the trademark owner wants protected, such as athletic shoes, soccer shoes, training shoes, athletic shoes etc…
Granite Trademark Services takes the perspective that trademark owners should have the best of both worlds. Apply for broad designations, such as headwear, and product specific items such as hats, baseball caps, flat brim hats, visors and more.
It is important to distinguish that Class 25 protects the physical products themselves, such as sneakers manufactured by a particular brand, such as NIke, and not a retailer that sells sneakers, such as Dick’s Sporting Goods. Retailers that sell Class 25 goods, such as Nordstrom or Macy’s, should apply for their trademark registration in Class 35 for retail services, not Class 25 for physical products.
An example of just the many different types of "shirts" that a trademark applicant can apply for in Class 25
Trademark Class 25 Specimens and Example
Every trademark application requires applicants to submit an acceptable trademark specimen showing their trademark used in commerce for every class of goods or services applied for. For example, if a trademark applications has products in Class 25 and services in Class 35, a specimen will need to be submitted in Class 25 and Class 35.
In the context of Class 25, acceptable trademark specimens include the mark on a product hangtag, on a tag on a Class 25 product, a display at a store showing the trademark in close proximity to the goods applied-for, or the point of purchase online sale page with the trademark shown nearby a checkout button.
The above screenshot would be an acceptable trademark specimen for UA SpeedForm® because the trademark is shown near the product, sneakers, with an add to bag button.
Related Trademark Classes
Somethings that people may think would be in Class 25 are actually in other trademark classes. Below is a list of classes that have similar sorts of goods as Class 25.
Class 18 - Bags, backpacks, luggage and leather goods
Class 24 - Linens, bedding, fabrics
Class 28 - Sports equipment, hunting and fishing gear, toys and games
Class 35 - Brick and mortar and online retail store services that sell Class 25 goods
Do you need help figuring out what trademark class is right for you or what qualifies as a proper trademark specimen? Contact us today for a Free Trademark Consultation and one of our attorneys will contact you within twenty-four hours.