Trademarks for apparel brands
Class 25 is the most crowded class on the register. That is the whole story.
Apparel is Class 25, and Class 25 is one of the most crowded classes at the USPTO. Two consequences follow: clearance matters more here than anywhere, and ornamental-use refusals are routine — because a logo across the chest is decoration, not a trademark.
Clothing brands are launched on Instagram and killed by Section 2(d). With hundreds of thousands of live registrations in Class 25, the odds that some earlier apparel mark sounds like yours, looks like yours, or means what yours means are simply high — and the USPTO treats all clothing as related goods, so a conflict on shoes can refuse a mark for shirts.
The second apparel-specific trap is how the mark is used. The USPTO wants to see the mark functioning as a source identifier — the neck label, the sewn-in tag, the hangtag, the brand name on the product page. A big graphic across the front of a tee is ornamental, and ornamental refusals are one of the most common outcomes for merch-first brands.
The classes that apply to you
| If you sell / provide… | File in… | Notes |
|---|---|---|
| Shirts, hoodies, hats, shoes, activewear | Class 25 | Clothing, footwear, headwear. |
| Handbags, backpacks, wallets, luggage | Class 18 | Leather goods — the most common second class for an apparel brand. |
| Jewelry, watches | Class 14 | Accessories are not clothing. |
| Fragrance, body care | Class 3 | The classic apparel brand extension. |
| A boutique selling other brands | Class 35 | Retail store services — a different business from making clothes. |
| Custom printing on others’ garments | Class 40 | A print shop is a service, not an apparel brand. |
Each class is $350 in USPTO fees. MARQ’s $499 attorney fee is flat no matter how many classes the application covers — so protecting a second revenue line costs $350, not another full filing. See all 45 classes →
What goes wrong in this business
Treating the graphic as the trademark
The artwork on the front of the shirt is a copyright question. The trademark is the brand that tells a buyer who made the shirt — the label, the tag, the hangtag. Applications supported only by a large chest print draw ornamental refusals, and the fix (a proper label specimen) is the kind of thing that should be designed in from the start, not retrofitted under a three-month deadline.
Skipping the search because the name is “unique”
Unique to you. In Class 25, likelihood of confusion covers marks that are similar in sound, appearance, or meaning — not just identical ones. A comprehensive clearance search is not a formality in this class; it is the difference between an application and a coin flip.
Filing 25 when the business is a store
If you sell other brands, that is Class 35. If you do both, you need both — and each class is another $350 to the USPTO.
Forgetting Class 18
A clothing brand adds a tote, a duffel, a crossbody. That is Class 18, not Class 25, and it is not covered by your apparel registration. Better to make that call at filing than to discover it when a copycat launches the bag.
Questions from apparel brands
What class is clothing in?
Class 25 — clothing, footwear, and headwear. Bags are Class 18, jewelry is Class 14, and a store selling apparel is Class 35.
Can I trademark a t-shirt design?
The design across the shirt is ornamental and generally not registrable as a trademark for the shirt; that is copyright territory. What you register is the brand name or logo that identifies the source of the clothing — on the label, the tag, or the hangtag.
How much does it cost to trademark a clothing brand?
$849 for Class 25 alone: a flat $499 attorney fee plus the USPTO’s $350 fee at cost. Adding Class 18 for bags brings USPTO fees to $700, so $1,199 total.
Should I trademark my clothing brand name or logo?
Usually the name, as a standard-character word mark — it protects the name in any font or styling, which is what a brand that will rebrand its packaging needs. A logo registration only protects that logo.
Start with the search
Free DIY search now. $49 for the comprehensive attorney search and written opinion. $499 + USPTO fees at cost to register — flat, with no upsells.
Run a free searchSee flat pricingFree DIY search · $49 comprehensive attorney search · $499 + USPTO fees to register
Fee and deadline figures on this page come from the USPTO: trademark fee information, additional fees for trademark applications, and the USPTO trademarks dashboard. This page is general information about U.S. trademark law, not legal advice, and reading it does not create an attorney–client relationship. No attorney can guarantee registration — the USPTO decides.