Trademark International Class: Class 25 (Clothing)

All goods or services are categorized within International Classes (IC hereafter). Goods run from classes IC 1-34, while Services are in IC 35-45. Please see a complete chart here. Let's take a closer look at one of these trademark classes – class 25.

What is International Class 25 All About?

Each class has a short title heading that gives a snapshot of what that class is all about -- IC 25's short title is clothing. But, as with anything trademark, there's more to it than that. The USPTO has 887 accepted descriptions that fit into IC 25; check them out here.

IC 25 is pretty straightforward in that clothing of virtually any type you can think of is going to be here. The exceptions are clothing that's of a protective nature (e.g. bulletproof vests, clothing worn by motorcyclists for protection against injury), which, oddly enough, is in IC 9

How do I File in IC 25?

Filing in IC 25 is a bit different from other goods classes in terms of the required specimen. When it comes to clothing, the best thing to send to the USPTO is either a tag or a label. This makes it clear that the name and/or logo is being used for a clothing line. Your specimen can be a tag that's attached to the garment, such as a hang tag, or it can be a tag that's sewn into the garment.

The USPTO will no longer accept a picture of, for instance, a t-shirt with the name appearing only on the front. Those days are over. The USPTO considers this ornamental as it's "conveying a message rather than indicating the source of the goods."

What Else is in International Class 25?

Seems like with any of these trademark classes, there always seems to be the oddball item or two and IC 25 is no exception. Here are a few items living in IC 25 that seem a bit off:

• gift packages sold as a unit consisting primarily of a sweatshirt and also including a photo frame, a coffee mug, and a tote bag
• race number belts that hold a paper number on the race participant's front or back during competition
• undergarment accessories, namely, removable silicone buttock enhancer pads

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Refusal on Basis of Ornamentation

I've devoted a few posts to the subject of trademarks and clothing lines but it wasn't until I was talking with a client yesterday that I realized I had answered the what but not the why.

I was explaining to the client that submitting a picture of a t-shirt with his clothing line name on the front would not suffice as proof of use for the USPTO. He then asked me why. After getting off the phone, I realized that while I had answered him I hadn't fully addressed it here.

The title of this post is the response you'd likely get from the USPTO if you submit a photo of a t-shirt with your name and/or logo displayed on the front.

What does refusal on basis of ornamentation mean exactly?

"Subject matter that is merely a decorative feature does not identify and distinguish the applicant’s goods and, thus, does not function as a trademark. A decorative feature may include words, designs, slogans or other trade dress. This matter should be refused registration because it is merely ornamentation and, therefore, does not function as a trademark"

Okay, let's explain that using non-legalese language. When an in use USPTO application is submitted, a specimen must also be filed.

For clothing, a lot of folks make the guess that submitting a picture of one of their t-shirts with the name on the front will work. And that does seem to make a lot of sense. But when it comes to trademarks, you've got to "identify and distinguish" your name to your clothing.

This means that your name must be on a tag or a label that'd be attached to a garment that identifies it as being the name of the line itself & not just part of the overall artwork applied to the front of the shirt.

If you've got a clothing line & aren't sure what would work as a specimen, feel free to email me at shannon@tmexpress.com & I'd be happy to go over your specific details with you.

How to Trademark Your Clothing Line

As promised in this post, I'll explore what's acceptable as a specimen as it pertains to clothing.

When it comes to clothing, the best thing to send to the USPTO is either a tag or a label. This makes it clear that the name and/or logo is being used for a clothing line. The USPTO will no longer accept a picture of a, for instance, t-shirt with the name appearing only on the front. Those days are over.

Let's look at a few examples to illustrate this.

1) Your specimen can be a tag all on its own as seen here



2) Your specimen can be a tag that's attached and/or sewed into a garment as seen here



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Trademark Your Clothing Line

Easily one of the biggest industries we serve over at TradeMark Express is the clothing industry. Because of that, I thought it was high time to devote a few posts to the different facets of filing for a trademark for your clothing line.

The first subject should definitely be explaining what branches of intellectual property are available for the various items that typically make up a clothing line.

Copyrights, specifically a Visual Art Works filing:

Any artwork/images displayed on the garments themselves, e.g. front of a t-shirt
Fabric designs
Patterns for sewing
Weaving or lace designs

Trademarks:

The name of your clothing line
The logo for your clothing line

I'll get into further detail about these subjects as well as others that are particular to clothing in the coming days.

If you have a specific question you'd like answered about trademarks & the clothing industry, please feel free to contact me via email