How to Trademark a Clothing Brand (2026 Guide)

Step-by-step · Fashion and apparel

How to trademark a clothing brand

Six steps, from choosing a name that can be registered to the label that proves you're using it. The step most clothing applications trip on is step 4.

By , Business Growth Expert · Verified and checked against TMEP and USPTO fee pages, 15 Oct 2026

25

Class for clothing, footwear and headwear

$350

USPTO base fee per class

Short answer

Search the name, then file a federal application in Class 25 for the clothing you sell. Show the brand the way shoppers use to identify a maker, on a sewn-in label, neck print or hang tag. A big graphic across the front of a T-shirt is often refused as decoration rather than a brand.

  1. 1

    Which clothing brand names can be registered?

    Names that describe the product, such as a hypothetical "Comfy Tees" for T-shirts, are hard to register. Invented words and names with an indirect meaning are much stronger.

  2. 2

    Which classes should I search besides Class 25?

    Fashion brands often stretch into bags (Class 18), jewelry (Class 14) and online stores (Class 35), so examiners can treat these as related. Search the USPTO database for similar names in all of them, then check marketplaces and social media for unregistered use.

  3. 3

    Should I trademark the name or the logo first?

    On a tight budget, file the name as a standard-character mark. It protects the words in any style or font. A logo can follow later in its own application.

    List only what you sell, using ID Manual wording such as "T-shirts; hooded sweatshirts; caps being headwear". Writing your own wording adds $200 per class.

  4. 4

    Where does the brand need to appear on the clothing?

    This is where clothing applications most often go wrong. The USPTO asks whether shoppers would see your mark as the name of the maker or just as part of the design. That's called an "ornamental" refusal.

    Usually accepted: the name on a neck label, sewn-in tag or hang tag.
    Often refused: the same words as a large print across the chest, on its own.

    Online, a product page that shows the brand next to the item and a way to buy it can also work. A small logo on the chest is weighed case by case: size, placement and how the brand is presented elsewhere all count.

  5. 5

    Can I file before my first collection is made?

    If you're already selling with proper labels, file based on use and attach a photo of the label or tag. If your first run isn't made yet, file on an intent-to-use basis to lock in your filing date, then send a Statement of Use ($150 per class) once you're selling.

    With Secure Mark USA's trademark registration service, filing takes 4 to 6 business days on Basic, 2 to 4 on Premium, or the same day on Imperial, after a Comprehensive Direct Conflict Search of the USPTO database.

  6. 6

    What happens after I file?

    A USPTO examining attorney reviews the application several months after filing. If there's a problem, you get an Office Action and generally three months to respond. If approved, the mark is published for 30 days so others can oppose it, then registers. Keep the registration alive with a Section 8 declaration between years 5 and 6.

    We tell our clients to plan for roughly 10 to 14 months from filing to registration. Put ™ on your labels and site while the application is pending, and switch to ® only once the registration certificate is issued.

Before-you-file checklist

  • The name isn't a description of the clothing
  • Searched Classes 25, 18, 14 and 35, plus marketplaces
  • Goods listed in ID Manual wording, only what you sell or plan to sell
  • Label, neck print or hang tag photo ready, or filing as intent to use
  • Owner named correctly: you, or your company if it will own the brand

Clothing brand questions

Do I need a separate application for my logo?

Yes. Each application covers one mark. Most new labels file the name first, then the logo once the design is settled.

Can the print on my T-shirt be registered?

Usually not if it's purely decorative. A design can register when buyers recognise it as a sign of who made the garment, which typically takes evidence of long or extensive use.

Should I also file in Class 35?

Only if you provide retail store services, such as an online shop selling a range of products. It is a separate class fee, so file it when it reflects what you actually do.

Doesn't registering my LLC protect the brand name?

No. A state business registration lets you trade under that name in the state; it doesn't give you trademark rights or stop others using a similar brand.

About the author:

Bill is a Business Growth Expert at Secure Mark USA with two years of Business Growth experience. He works daily with our technical team and senior case analysts to optimize our automated platform, ensuring e-commerce entrepreneurs can seamlessly discover, search, and secure real-time trademark protection. Every fee and deadline in his guides is checked against USPTO sources before publication. This article is for informational purposes only and is not legal advice; Bill is not an attorney.

Sources

Secure Mark USA is a filing service, not a law firm. The USPTO decides whether a mark registers.

Check your label name across Classes 25, 18 and 35

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