Trademark Class 25: Everything You Need to Know
Trademark Law ResourcesTypes of TrademarksHow To Register A TrademarkTrademark InfringementTrademark SearchTrademark Class 25 includes most types of clothing, footwear, and headgear. Class 25 is one of the 45 international classes that the USPTO uses. 10 min read updated on September 19, 2022
Trademark Class 25: What Is It?
Trademark Class 25 includes most types of clothing, footwear, and headgear. Class 25 is one of the 45 international classes that the United States Patent and Trademark Office (USPTO) uses. Each of the USPTO's 45 classes designates a specific category of goods or services.
Why Are Trademark Classes Important?
Trademarks apply to:
- Business names
- Slogans
- Phrases
- Logos
- Other commercial designations
When you register a trademark, you gain exclusive rights to use the mark on commercial products and services.
Most trademarks don't grant exclusive rights to using the mark on every possible product or service. The limits of your trademark protection only apply to the types of goods and services that you indicate on your trademark application. For instance, a trademark registered by a T-shirt company might not prevent an automobile company from using a similar mark.
When you submit a trademark application, you'll need to select one or more trademark classes that apply to your business, goods, or services. You should only select classes that apply to your goods and services or those that apply to goods and services you intend to offer. Doing this ensures that both the USPTO and the general public understand how and when your trademark applies.
What Does Trademark Class 25 Include?
Trademark Class 25 includes most types of wearable items:
- Headgear: bathing caps, berets, cap peaks, caps, hat frames, hats, headgear for wear, mantillas, miters, shower caps, skull caps, top hats, turbans, visors, wimples.
- Clothing: aprons, ascots, babies' pants, bandanas, bath robes, bathing trunks, bathing suits, beach clothes, belts, bibs, not of paper, boas, bodices, brassieres, breeches for wear, camisoles, chasubles, clothing for gymnastics, clothing, clothing of imitations of leather, clothing of leather, coats, collar protectors, collars, combinations, corselets, corsets, cuffs, cyclists' clothing, detachable collars, dress shields, dresses, dressing gowns, ear muffs , fishing vests, footmuffs, fur stoles, furs, gabardines, garters, girdles, gloves, headbands, heelpieces for stockings, hoods, hosiery, jackets, jerseys, pinafore dresses, knitwear, layettes, leggings, leg warmers, liveries, maniples, masquerade costumes, mittens, money belts, motorists' clothing, muffs, neckties, outerclothing, overalls, overcoats, drawers, paper clothing, paper hats, parkas, pelerines, pelisses, petticoats, pocket squares, pockets for clothing, ponchos, pullovers, pajamas, ready-made linings, ready-made clothing, saris, sarongs, sashes for wear, scarves, shawls, shirt yokes, shirt fronts, shirts, short-sleeve shirts, sports jerseys, ski gloves, skirts, skorts, sleep masks, slips, sock suspenders, socks, gaiters, stocking suspenders, stockings, sweat-absorbent stockings, stuff jackets, suits, suspenders, anti-sweat underwear, sweaters, teddies, tee-shirts, tights, togas, gaiter straps, trousers, underpants, underwear, uniforms, veils, vests, waterproof clothing, wet suits for water-skiing.
- Footwear: bath sandals, bath slippers, beach shoes, boot uppers, boots, boots for sports, esparto shoes or sandals, fittings of metal for footwear, football shoes, footwear, footwear uppers, galoshes, gymnastic shoes, half-boots, heelpieces for footwear, heels, inner soles, lace boots, non-slipping devices for footwear, sandals, shoes, ski boots, slippers, soles for footwear, sports shoes, studs for football boots, tips for footwear, welts for footwear, wooden shoes.
Class 25 is one of the most popular trademark classes for new applications. That means your trademark may face competition or tighter scrutiny. Other common classes include:
- Class 9 (Electrical and Scientific Apparatus): This includes computer software and electronics.
- Class 35: (Advertising and Business Services): This includes advertising, business administration, and office functions
- Class 41 (Education and Entertainment): This includes publishing, teaching, and entertainment services.
- Class 42 (Computer and Scientific): This includes technology, scientific, and research services.
Common Mistakes
- Selecting a Good Class Rather Than a Service Class: Choose carefully between good and service classes. For instance, T-shirts are a clothing product. However, a T-shirt printing company is a service.
- Selecting the Wrong Trademark Class: The class must represent your product or service in its final version. The trademark class shouldn't reflect the product's ingredients or the way you're planning to market it. For instance, you don't need to select Class 16 (Paper Goods) and Class 25 (Clothing, Footwear, Headgear) to cover both shoes and the shoebox.
- Selecting Too Many Trademark Classes: When you apply for a trademark, the trademark examiner will search for similar, preexisting marks. If your trademark description and classes are too broad, it may infringe an existing mark. In this case, the trademark examiner will reject your trademark application.
- Selecting Too Few Trademark Classes: If your trademark doesn't fully cover the way you intend to use it, you could encounter serious legal issues. If another party registers a similar trademark in a different class, you may infringe another trademark.
What Are the Trademark Classes?
Since September 1, 1973, the USPTO has used the same standardized categories of goods and services used in most nations around the world. The Nice Agreement outlines this in the International Trademark Classification System. It's also known as the Nice Classification (NCL). This standardized system includes 45 broad categories, with 34 good categories and 11 service categories.
NCL Classes |
||
Class No. |
Type |
Description of Goods |
Class 1 |
Chemicals |
|
Class 2 |
Paints |
|
Class 3 |
Cosmetics and Cleaning Preparations |
|
Class 4 |
Lubricants and Fuels |
|
Class 5 |
Pharmaceuticals |
|
Class 6 |
Metal Goods |
|
Class 7 |
Machinery |
|
Class 8 |
Hand Tools |
|
Electrical and Scientific Apparatus |
|
|
Class 10 |
Medical Apparatus |
|
Class 11 |
Environmental Control Apparatus |
|
Class 12 |
Vehicles |
|
Class 13 |
Firearms |
|
Class 14 |
Jewelry |
|
Class 15 |
Musical Instruments |
|
Class 16 |
Paper goods and Printed Matter |
|
Class 17 |
Rubber Goods |
|
Class 18 |
Leather Goods |
|
Class 19 |
Nonmetallic Building Materials |
|
Class 20 |
Furniture and Articles not Otherwise Classified |
|
Class 21 |
Housewares and Glass |
|
Class 22 |
Cordage and Fibers |
|
Class 23 |
Yarns and Threads |
|
Class 24 |
Fabrics |
|
Class 25 |
Clothing |
|
Class 26 |
Fancy Goods |
|
Class 27 |
Floor Coverings |
|
Class 28 |
Toys and Sporting Goods |
|
Class 29 |
Meats and Processed Foods |
|
Class 30 |
Staple Foods |
|
Class 31 |
Natural Agricultural Products |
|
Class 32 |
Light Beverages |
|
Class 33 |
Wine and Spirits |
|
Class 34 |
Smokers' Articles |
|
NCL Services |
||
Class No. |
Type |
Description of Services |
Advertising and Business |
|
|
Class 36 |
Insurance and Financial |
|
Class 37 |
Building Construction and Repair |
|
Class 38 |
Telecommunications |
|
Class 39 |
Transportation and storage) |
|
Class 40 |
Treatment of Materials |
|
Education and Entertainment |
|
|
Computer and Scientific |
|
|
Class 43 |
Hotels and Restaurants |
|
Class 44 |
Medical, Beauty & Agricultural |
|
Class 45 |
Personal |
|
Frequently Asked Questions
- How Many Trademark Classes Can I Select?
There's no limit to the number of trademark classes you can select. In general, try to strike a balance between narrow and broad definitions of your product.
- Can I Add Another Class to My Trademark?
No, you can't add classes at a later date. You must include all relevant classes when you submit your application. If you need to add more, you'll have to start the application process from the beginning.
- How Much Does It Cost to Register a Trademark Class 25?
Check the current USPTO trademark fee schedule. Trademark applications start at $225. You'll typically pay an extra fee for every additional class.
Steps to Register a Class 25 Trademark
1. Do a Trademark Search: Check for similar, preexisting trademarks in Class 25 using the USPTO Trademark Electronic Search System (TESS) database. You can also review the USPTO Official Gazette. It publishes new trademarks.
2. File a Trademark Application: Submit your trademark application through the USPTO Trademark Electronic Application System (TEAS) and pay the appropriate filing fee. The application includes the following:
- Basis for Application: Check either "use in commerce" if you already sell or market goods and services with the mark. If you plan to do so soon, check "intent to use."
- Identification of the Class of Goods: Check Class 25 and any other coordinated classes.
- Description of the Goods: Use a preexisting description of your goods or create a custom written description that uses language that an average person can understand. If you do the latter, be specific and provide some key examples. Use a broad term, but ensure that it's qualified and that it doesn't fall into multiple trademark classes. You can use the USPTO's ID Manual to confirm whether the term is too broad. Follow this term with a word like "namely" or "consisting of" instead of using indefinite words like "including" or "such as." Be sure to use a semicolon to separate distinct categories of goods in a single class. Don't reference trademarked terms or products made by other brands in your description, and don't include goods that you don't offer for sale. Review some registered trademarks to compare your description and ensure that you've completed it correctly.
- Specimen: Include an example of how the trademark will appear. This normally includes a photograph of the stamp or stencil. For Trademark Class 25, include a clothing, footwear, or headgear label or tag.
- Information About the Applicant: List your name and mailing address. If you're filing as a company, list your business name instead.
- Declaration: Sign this to indicate that you've filed the application truthfully.
If you need help with registering a trademark, you can post your question or concern on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law. They average 14 years of legal experience. This includes work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.