India's fashion industry is booming. From homegrown D2C labels selling on Instagram to established brands supplying multi-brand outlets across the country, the clothing sector is fiercely competitive. In this crowded marketplace, your brand name and logo are the first things a customer notices, and often the deciding factor in a purchase. Yet a surprising number of clothing entrepreneurs launch their labels without securing a clothing brand trademark, leaving their identity unprotected from copycats and counterfeiters.
Under the Nice Classification system used by the Indian Trademark Registry, clothing, footwear, and headgear fall under Class 25. This single class covers the core products that most fashion brands deal in. However, building a comprehensive brand protection strategy often requires registering in additional classes as well. This guide walks you through everything you need to know about trademark class 25 India, from what it covers and what it excludes to the registration process, fees, strategic considerations, and common pitfalls that clothing brands face.
What Does Trademark Class 25 Cover?
Class 25 of the Nice Classification is dedicated to clothing, footwear, and headgear. This includes virtually every wearable garment and accessory that covers the human body, feet, or head. Whether you're manufacturing sarees, western wear, ethnic kurtas, sportswear, baby clothing, or luxury couture, your products fall squarely within this class.
The following table provides a detailed breakdown of what falls within Class 25 and what doesn't.
| Covered Under Class 25 | Not Covered Under Class 25 |
| T-shirts, shirts, trousers, jeans, dresses, skirts | Handbags, wallets, belts (Class 18 - Leather goods) |
| Sarees, kurtas, lehengas, ethnic wear | Jewellery, watches, cufflinks (Class 14) |
| Shoes, sandals, boots, slippers, sports shoes | Sunglasses, spectacles (Class 9) |
| Caps, hats, turbans, helmets (non-protective) | Protective helmets, safety gear (Class 9) |
| Underwear, lingerie, swimwear, hosiery | Perfumes, cosmetics (Class 3) |
| Scarves, gloves, socks, ties, shawls | Fabric, textile materials (Class 24) |
| Sportswear, gym wear, yoga clothing | Online retail services (Class 35) |
Understanding these distinctions is critical. Many fashion brands sell accessories like bags, belts, and sunglasses alongside their clothing lines. If your product catalogue extends beyond garments, footwear, and headgear, you'll need to file in additional classes to protect those products. Class 25 alone won't cover your handbags or perfume line.
Why Every Clothing Brand Needs a Trademark
The fashion industry in India is plagued by counterfeiting and brand imitation. Walk through any wholesale market in Mumbai, Delhi, or Surat, and you'll find countless products bearing names and logos that closely mimic popular brands. In the digital space, platforms like Amazon, Flipkart, and Meesho are flooded with sellers using similar brand names to ride on the reputation of established labels. Without a registered clothing brand trademark, you have no efficient legal mechanism to stop this.
A registered trademark grants you the exclusive right to use the mark in connection with Class 25 goods across India. This means you can issue cease-and-desist letters, file infringement suits under Section 29 of the Trade Marks Act, 1999, and request customs authorities to seize counterfeit goods at Indian ports. For online brands, a registered trademark also unlocks Amazon Brand Registry, Flipkart's brand protection tools, and similar platform benefits that help you control your product listings and combat unauthorized sellers.
Beyond enforcement, a trademark builds commercial value. Your brand name becomes a licensable, franchisable, and sellable asset. Investors and potential buyers evaluate IP portfolios as part of due diligence, and a registered trademark significantly enhances a clothing brand's valuation. For businesses seeking funding or planning an eventual exit, this intangible asset carries measurable weight on the balance sheet.
Additional Classes Fashion Brands Should Consider
While Class 25 forms the foundation of any clothing brand trademark strategy, most fashion businesses need protection in multiple classes. The specific classes depend on your product range, business model, and growth plans. Before filing, a comprehensive trademark search across all relevant classes helps identify potential conflicts early.
| Class | Covers | Relevant For |
| Class 18 | Leather goods, bags, wallets, belts, umbrellas | Brands selling accessories alongside apparel |
| Class 14 | Jewellery, watches, precious stones | Fashion houses with jewellery or watch lines |
| Class 3 | Cosmetics, perfumes, skincare, hair care | Lifestyle brands expanding into beauty |
| Class 24 | Textiles, fabrics, bed linen, curtains | Brands dealing in fabric or home textiles |
| Class 35 | Retail services, online store services, advertising | D2C brands with their own e-commerce platform |
| Class 26 | Lace, embroidery, buttons, zippers, artificial flowers | Brands selling trims, embellishments, or craft supplies |
Filing in multiple classes costs more upfront but provides comprehensive protection. Consider it an investment that prevents competitors from registering your brand name in an adjacent category.
How to Register a Clothing Brand Trademark: Step-by-Step
Step 1: Choose a Distinctive Brand Name
The strength of your trademark depends heavily on the name you choose. Coined words (like "Zara" or "Myntra") and arbitrary terms (like "Mango" for clothing) have the highest distinctiveness and are easiest to register. Suggestive names that hint at the product without describing it (like "Fabindia") also work well. Avoid purely descriptive names like "Fashion Clothing" or "Best Wear," as the Trademark Examiner will likely refuse them under Section 9(1)(b) of the Act for lacking inherent distinctiveness.
Step 2: Conduct a Thorough Search
Class 25 is one of the most heavily filed trademark classes in India. Thousands of clothing brands compete for registration, and the likelihood of encountering a similar or identical mark is high. Search the IP India database, the trademark search tools, and even social media platforms to ensure your chosen name doesn't conflict with an existing mark. A thorough search before filing saves you from the expense and frustration of facing objections or opposition later.
Step 3: File the Application
Submit Form TM-A through the IP India e-filing portal. The government fee is Rs. 4,500 per class for individuals, startups, and MSME entities through e-filing. For other entities, the fee is Rs. 9,000 per class. When describing your goods, be specific. Instead of simply writing "clothing," specify the types of garments you manufacture or sell, such as "shirts, trousers, dresses, sarees, and ethnic wear." This specificity strengthens your trademark registration and makes enforcement clearer.
Step 4: Respond to Examination Report
The Registrar examines the application for distinctiveness, conflicts with prior marks, and compliance with the Trade Marks Act. If objections are raised, you receive an examination report. You must respond within 30 days. A trademark hearing may be scheduled to resolve outstanding issues. Common objections for clothing brands include phonetic similarity with existing marks and descriptiveness of the brand name.
Step 5: Publication, Opposition, and Registration
Once the application clears examination, it's published in the Trade Marks Journal for a four-month opposition window. Any third party can file a trademark opposition during this period. If no opposition is filed or if opposition proceedings are resolved in your favour, the Registrar issues the registration certificate. The entire process typically takes 12 to 18 months. The registration is valid for 10 years and can be maintained indefinitely through timely trademark renewal.
Word Mark vs Logo Mark: What Should Clothing Brands File?
This is one of the most common questions from fashion entrepreneurs. A word mark protects the brand name itself, regardless of font, colour, or design treatment. If you register "URBANO" as a word mark, no one can use that name for Class 25 products in any visual format. A logo mark, on the other hand, protects the specific visual design, including the arrangement of letters, graphics, colours, and stylistic elements. It doesn't prevent someone from using the same word in a different visual style.
The ideal approach is to file both. Register the word mark to protect the brand name itself, and file a separate logo mark to protect your visual identity. Most established clothing brands follow this strategy. If budget is a constraint, prioritise the word mark first, as it provides broader protection. The logo mark can follow once the business is established and the visual identity is finalised. Remember, changing your logo later doesn't affect your word mark protection, but it does mean your original logo registration may no longer match your current branding.
Common Mistakes Clothing Brands Make
Filing only in Class 25 when the business sells accessories, operates an online store, or produces textiles is the most frequent oversight. A fashion brand selling handbags without Class 18 protection, or running an e-commerce website without Class 35, leaves significant gaps in its IP portfolio. Review your entire product catalogue and business model before deciding which classes to file.
Choosing generic or descriptive names is another costly error. Names that directly describe the product, such as "Trendy Wear" or "Silk Palace," face a high likelihood of rejection during examination. Even if such marks get through, they're extremely difficult to enforce because they lack distinctiveness. Invest time in creating a unique, memorable brand name that stands apart from the thousands of labels already registered in Class 25.
Delaying the trademark application until the business is "established" is a risk many new designers take. By the time you've built a following, a competitor or a trademark squatter may have already filed your brand name. File early, ideally during the business planning stage itself. The application number is sufficient for most platform benefits, so there's no reason to wait for the registration certificate before taking action. If you're also setting up your business entity alongside the brand, aligning the trademark with your GST registration ensures consistency across legal and tax records.
Conclusion
Securing a clothing brand trademark under Class 25 is one of the smartest investments a fashion entrepreneur can make. It protects your brand name from copycats, unlocks e-commerce platform benefits, builds commercial value, and gives you enforceable legal rights against infringers. The Indian fashion market is too competitive and too large to operate without this fundamental layer of protection.
Start with a distinctive name, search thoroughly, file in all relevant classes, and consider both word mark and logo mark registrations for comprehensive coverage. For expert guidance on trademark registration and brand protection strategy tailored to your fashion business, professional support ensures a seamless filing process and stronger IP portfolio.
