How to Trademark a Clothing Brand

Which trademark class covers a clothing brand?

A clothing brand is registered in USPTO Class 25, the class for clothing, footwear, and headwear. Class 25 covers the physical apparel you sell — shirts, hoodies, hats, shoes, and more. If you also operate a retail store or e-commerce shop selling those goods, you can add Class 35, which covers retail and online store services. Each class carries its own $350 USPTO fee. Selecting the right classes ties your label into trademark registration, the USPTO record, and the intellectual-property system that keeps copycats off your name.

How do you avoid an ornamental refusal on apparel?

You avoid an ornamental refusal by showing your mark used as a brand, not just as a large graphic on the garment. Apparel applications often draw this refusal when the name is printed big across the front of a shirt, because the USPTO may see it as decoration rather than a source identifier. The fix is to provide a specimen showing the mark on a neck tag, sewn-in label, hangtag, or packaging, or to use it in a smaller, source-identifying location. Filing with these requirements in mind keeps a clothing application on track.

How do you file a trademark for a clothing brand?

You file a clothing trademark by clearing the name, choosing the right class, and submitting an application to the USPTO. The steps are: (1) run a clearance search to confirm the name is available; (2) select Class 25 for apparel, adding Class 35 if you run a store; (3) prepare a description of goods and a source-identifying specimen such as a neck-tag photo; (4) file with Secure Mark USA from $99 plus the $350-per-class USPTO fee; and (5) respond to any office action. Because U.S. rights are largely first-to-file, registering early protects the label before it grows.

Key takeaways

• Trademark a clothing brand in USPTO Class 25 (clothing, footwear, headwear).
• Add Class 35 if you also run a branded retail or online store.
• Show the mark on tags or labels to avoid an ornamental refusal.
• U.S. trademark rights are largely first-to-file, so register early.
• Filing costs from $99 plus the $350-per-class USPTO fee with Secure Mark USA, a filing service, not a law firm.

Frequently asked questions