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Very broadly, Trademark Class 25 is for clothing and wearing apparel. According to recent studies, Class 25 is the most common (by far) Class chosen by those seeking to register trademarks in the U.S. and around the world. To be legally valid, a trademark MUST be linked to a specific trademark Class. Further, a trademark must be linked to more specific trademark subclasses (one or more). Thus, within trademark Class 25, there are hundreds of subclasses with their own subclass numbers.
The Classes used in the United States were established by an international treaty called the Nice Agreement of 1957. Nice is a city in France where the Treaty was first negotiated. The Nice Agreement has been amended several times since 1957 (and is, itself, based on older international treaties). For this reason, trademark classes are often called the “Nice Classes.” There are 45 different Classes, with the first 34 being used for different large categories of goods and products, while the final 11 Classes relate to different large categories of services. The treaty standardized the Classes so that trademarks used around the world would be classified and identified in similar manners. Under the Nice Agreement, subclasses are also given numbers. With respect to Class 25, as listed here, a few examples of subclasses include:
Class 25 is the single most contested trademark class at the USPTO. The apparel industry is enormous, brand identity is central to consumer purchasing decisions in fashion, and the range of goods covered—from athletic footwear to luxury outerwear to children’s clothing—means that thousands of new trademark applications are filed in Class 25 every year. The high volume of existing registrations creates a correspondingly high risk of conflicts during the clearance and examination process.
Because Class 25 is so crowded, the USPTO’s likelihood-of-confusion analysis under Section 2(d) of the Lanham Act (15 U.S.C. § 1052(d)) is frequently triggered. The examining attorney will compare your proposed mark to existing registrations, considering factors including the similarity of the marks in appearance, sound, and meaning; the similarity or relatedness of the goods; the channels of trade; and the conditions under which buyers encounter the goods. Two apparel brands with phonetically similar names but entirely different aesthetics can still be refused registration if the examining attorney concludes that consumers would likely be confused about the commercial source.
The USPTO’s current Acceptable Identification of Goods and Services Manual provides guidance on what specific goods belong in Class 25. The class covers clothing, footwear, and headgear. Within those categories, the breadth is substantial. Examples of goods typically registered in Class 25 include:
Accessories that are not worn on the body—handbags, wallets, belts used purely as fashion accessories—often fall into other classes such as Class 18 or Class 14. Getting the classification right matters: a trademark registered only in Class 25 does not automatically protect the mark for goods in other classes, though the strength of a famous apparel mark may support claims of dilution or infringement in adjacent categories.
Many apparel brands need protection across more than one class. An athletic brand selling clothing (Class 25), sports bags (Class 18), and fitness accessories (Class 28) should register in all three classes. A brand that also sells retail store services related to clothing may need a Class 35 registration. Each class requires a separate filing fee with the USPTO, currently $250 per class for TEAS Plus applications, but the investment is justified by the scope of protection it provides.
Apparel brands should also consider whether to file a use-based application or an intent-to-use (ITU) application. A use-based application requires a specimen showing current use of the mark on goods in commerce—typically a photograph of the tag, label, or hangtag on the product. An ITU application allows you to reserve priority for your mark before you launch, based on a bona fide intent to use the mark in the future. For apparel startups preparing for a product launch, an ITU application is often the right initial filing strategy.
Beyond likelihood of confusion with existing marks, Class 25 applications are refused for several other common reasons:
Registration is the beginning of brand protection, not the end. In a competitive class like Class 25, trademark monitoring is essential. New applications that conflict with your mark are published in the Official Gazette during a 30-day opposition window. If you do not oppose conflicting marks during that window, the marks may register and give their owners legal grounds to challenge your own use. Working with a trademark attorney to monitor the USPTO’s publication records—and to file oppositions or coexistence agreements when warranted—is standard practice for serious apparel brands.
Infringement in the apparel industry is common. Counterfeit goods bearing well-known apparel trademarks are a pervasive problem. Trademark owners can work with U.S. Customs and Border Protection to record registered marks and block infringing imports, pursue takedowns on e-commerce platforms under those platforms’ intellectual property policies, and file civil actions in federal court for injunctive relief and damages under 15 U.S.C. § 1114.
If you are building or protecting an apparel brand and need help with trademark registration, clearance searches, oppositions, or infringement enforcement in Class 25, the attorneys at Revision Legal are ready to help. Call us at 231-714-0100 or 855-473-8474.
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