Nice Class 25 — Clothing & Apparel Trademark Guide

What Is Nice Class 25?

Nice Class 25 is the trademark classification that covers clothing, footwear, and headgear. It is one of the most filed trademark classes in the United States and globally, because virtually every consumer brand that sells wearable products needs to register here. When you see a trademark for a clothing label, a shoe brand, or a hat company, it almost always includes Class 25 in its application.

The Nice Classification system divides goods and services into 45 classes. Classes 1–34 cover physical goods; Classes 35–45 cover services. Class 25 sits squarely in the goods category and has remained one of the top three most contested classes at the USPTO for over two decades, reflecting the size and competitiveness of the fashion and apparel industry.

What Exactly Does Class 25 Cover?

The official USPTO scope for Class 25 includes:

• Clothing: shirts, trousers, jackets, dresses, suits, underwear, sportswear, activewear, swimwear, nightwear, uniforms, costumes, and outerwear
• Footwear: shoes, boots, sandals, sneakers, athletic footwear, slippers, and specialty footwear
• Headgear: hats, caps, beanies, helmets (non-safety), visors, and headbands

Class 25 does not cover: jewelry (Class 14), watches (Class 14), handbags and leather goods (Class 18), sports equipment (Class 28), or safety helmets (Class 9). Getting this boundary wrong is one of the most common errors in apparel trademark applications — especially for brands that sell accessories alongside clothing.

Notable Brands Registered in Class 25

The USPTO Class 25 registry reads like a who's who of global fashion and sportswear. Some of the most well-known active registrations include:

• Nike, Inc. — holds hundreds of Class 25 registrations covering everything from the Swoosh logo to specific product line names like Air Max, Dri-FIT, and Nike Pro
• Levi Strauss & Co. — the famous Arcuate stitching design and the Red Tab are both registered in Class 25; the brand has protected its visual identity in this class since the 1970s
• Adidas AG — the Three Stripes, the Trefoil, and the Three Bars are all active Class 25 registrations; Adidas is one of the most aggressive enforcers of Class 25 marks against knockoffs
• The Gap Inc. — the GAP wordmark, logo, and various product line names all carry Class 25 registrations
• Under Armour, Inc. — the UA logo and brand name are registered in Class 25 alongside sports performance categories

These companies don't stop at a single registration. A brand like Nike maintains a portfolio of hundreds of active Class 25 marks, each protecting a different logo, product name, or visual element. This is standard practice for enterprise brands that need to block copycats across all their product variations.

The Class 25 + Class 35 Strategy

If you sell clothing through your own retail channel — whether a physical store, an e-commerce website, or a marketplace like Amazon — you almost certainly need both Class 25 and Class 35. Class 35 covers retail services in the field of clothing, and without it, a competitor could potentially operate a clothing store under a similar name without infringing your Class 25 mark.

This dual-class approach is the standard for direct-to-consumer apparel brands. It adds cost (each class incurs a separate USPTO filing fee of $250–$350), but it closes the gap between protecting the product and protecting the sales channel.

Common Mistakes When Filing Class 25

Clothing trademark applications face a higher-than-average office action rate at the USPTO. The most common issues:

• Likelihood of confusion: The sheer volume of Class 25 registrations means it is statistically likely that your mark will conflict with something already on file. A proper clearance search before filing is not optional — it is the most important step you will take.
• Merely descriptive marks: A name like "Soft Cotton Tees" or "Athletic Wear Co." will be refused as merely descriptive. Your mark needs to be distinctive — either fanciful (invented words like NIKE in 1964), arbitrary (using a word in an unrelated field), or suggestive (implying a quality without describing it directly).
• Goods identification errors: The USPTO requires specific identification of goods. "Clothing" is acceptable, but "clothing items" or "various clothing products" may trigger an office action. Stick to accepted terminology or use the USPTO's ID Manual.
• Missing footwear or headgear: If your brand plans to expand into shoes or hats, include them in the original application — it is significantly cheaper than filing a new application later.

Filing as Intent-to-Use vs. Use in Commerce

You have two options when filing a Class 25 application in the U.S.:

• Use in Commerce (1(a)): You are already selling the clothing under the mark. You must submit a specimen — typically a photo of the tag, label, or packaging showing the mark in actual use.
• Intent to Use (1(b)): You plan to sell under the mark but haven't launched yet. This locks in your priority date immediately, but you'll need to submit a Statement of Use or request extensions before registration is granted. Most pre-launch clothing brands use this route.

What Does Registration Actually Protect?

A registered Class 25 trademark gives you the right to use the ® symbol and creates a federal presumption that you own the mark and have the exclusive right to use it nationwide for the covered goods. It lets you sue infringers in federal court, block imports of counterfeit goods through U.S. Customs, and use the registration as a basis for trademark registrations in other countries.

What it doesn't automatically give you: protection against a senior common-law user who was selling clothing under a similar name in a specific geographic area before your filing date. Trademark rights in the U.S. are partly use-based, not purely registration-based.

Frequently Asked Questions

Search Class 25 Trademarks

Before filing, search the USPTO registry for existing Class 25 marks that could conflict with yours. Use tmarkmetric to browse registered Class 25 trademarks, search by owner, and review competing marks in the same space. A clearance search is not just due diligence — it is the difference between a successful registration and an expensive refusal.