Clothing Trademark: Which Classes to File?

Filing a clothing trademark appears straightforward, but the choice of classes is more nuanced than it seems. The central question is: do you manufacture the clothes you sell, or do you retail products made by other brands? The answer determines whether you should target product classes (1 to 34) or service classes (35 to 45) — or both.

Before filing, verify your trademark is available and consult the trademark filing guide for the full process.

Class 25: you manufacture and sell under your brand

If you design and sell your own clothing, class 25 is your primary class. It covers clothing, footwear and headgear. But the simplified INPI list is deliberately broad — you need to tailor it. There is no point claiming “ski boots” if you only sell t-shirts. A filing that is too broad exposes you to a revocation for non-use five years after registration.

I recommend listing the products you actually sell and those you reasonably plan to launch within five years. For a standard ready-to-wear brand, the list will typically include: clothing, shirts, trousers, jackets, underwear, socks, footwear, belts, scarves.

Complementary classes for manufacturers

Class 14 (jewellery and watchmaking) — if you sell jewellery, watches or precious metal accessories under your brand.

Class 18 (leather goods) — for bags, wallets, luggage, leather belts (note: clothing belts fall under class 25, while leather “goods” belts fall under class 18 — the distinction is subtle).

Class 24 (textiles and household linen) — if your brand also covers bedding, towels or furnishing fabrics.

Class 26 (haberdashery and accessories) — for buttons, ribbons, embroidery, fastenings and closures for clothing.

Do not file in these classes as a precaution if you have no concrete plans. Each additional class has a cost and creates an obligation of use.

Class 35: you retail third-party products

This is the classic pitfall in fashion trademark filings, and I see it regularly. If you are a retailer selling clothing designed by other brands, you should not file in class 25 — because you do not manufacture the products. You provide a retail service.

Class 35 is the correct class. It covers retail services, but on one condition: you must specify the list of products sold. “Retail services in relation to clothing, footwear and fashion accessories” is acceptable. “Retail services” alone is too generic and will be considered insufficiently precise.

For more on this distinction, see the article on retail trademark filing.

Combining both models

If you manufacture some products under your brand and also retail third-party products (a common model in fashion), you need to file in both types of classes: class 25 for your own products, class 35 for the retail activity. This applies to many retailers that carry an in-house line alongside third-party brands.

The choice of classes for a clothing trademark depends directly on your business model. If you would like to file your fashion trademark in the best conditions, book a call.