Updated on December 23, 2024 12:59:06 PM
A Trademark is an essential component for a business that establishes a stand-out identity in the marketplace. Trademarks could be words, numbers, colours, shapes and many more. Every company or business whether it comes under any category goes for the Trademark because it provides several legal security to the brand.
If you are looking to apply a Trademark for your clothing brand, this article will help you to get a thorough explanation regarding the Trademark for clothing, its process, required documents and a list of items.
![TM-Wordmark[Sample]](../images/TM-wordmark-Sample.webp)
Fashion has made a basic part of today’s world. As a fashion designer, she/he is an artist and they want to secure the uniqueness of the fashion and designs. However, Trademark for clothing brands is an essential element for securing their fashion distinctness in the market.
In the Nice classification, there are two groups and 45 classes have been mentioned according to the nature of goods and services. Every class has a distinct nature that distinguishes the product and service from its competitor. The clothing-related goods fall under class 25.
The complete steps or procedure of TM Registration for clothing is mentioned below:
Conduct TM Search for the Trademark before going to be applied for Registration is the initial stage of this procedure. This process helps to clarify the availability of the Trademark.
After conducting TM Search, the applicant goes for the filing TM application. In this stage, the applicant should fill the correct information regarding the Trademark and business.
After filing the TM application, that goes for the examination. Department inspection for similarities, deceptiveness, and absolute grounds for refusal of the Trademark according to sections 9 and 11 of "The Trademark Act, 1999".
When the Registrar examines the trademark and they do not find similarities they will send this application for advertising in the journal, otherwise the application will be objected to and sent for the reply to the applicant.
Advertising in the journal is the next stage after the examination. In this stage, the Trademark publishes in the journal and gives an opportunity to the third party that if anyone has an issue regarding this Trademark they can oppose it within four months from the date of publication.
If anyone does not raise any opposition the applied trademark will be Registered. But if any third party raises opposition, it will be mentioned as opposed and the applicant has to go with another procedure for the opposition process.
The complete fees structure for the Trademark for clothing is as follows:
| Trademark Registration | Government Fees (Online) | Government fees (Offline) |
|---|---|---|
| TM Registration fees for individuals | 4,500/- | 5,000/- |
| TM Registration fees for company | 9,000/- | 10,000/- |
| TM Amendment fees | 900/- | 1,000/- |
| Trademark Renewal fees | 9,000/- | 10,000/- |
| Trademark Restoration fees | 9,000/- | 10,000/- |
| TM Belated Renewal fees | 9,000 +3,000/- | 10,000 + 3,000/- |
| TM Rectification fees | 9,000/- | 10,000/- |
| Trademark Opposition process fees | 2,700/- | 3,000/- |
Note:The government fee is separate from the professional charges. If the applicant hires any professional they have to pay according to their charges including the government fees. You can contact the “Litem Legalis” for hassle-free TM Registration at minimum cost.
The applicant has the below-mentioned documents for the Trademark Registration for Clothing:
Note - Proof of Use - Submit supporting documents (such as Domain bill, Invoice containing Mark, images of the product with Mark, etc) with the New and Old dates, which can work as proof of use of the Mark by the applicant or its predecessors from the date of use mentioned in the application.
Trademark Registration for clothing is a long and complex procedure that needs a perfect understanding of this process. Here, the Litem Legalis is a team of professional advocates, who ensure to provide its next services at very affordable prices. There are many reasons to go with the “Litem Legalis”such as -
Free Legal Advice
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Trademark for clothing is a basic need for the fashion industry as well as for small businesses. It will provide many exclusive rights to the owner for solo use for marketing. Getting a Trademark for clothing also aids to expand the fame of a particular fashion or clothing brand and helps to stand out at the commercial level.
However, the applicant must have complete knowledge of this procedure, its documents and fees. The applicant should consult with a professional TM attorney by which they can get registered with a low chance of rejection.
According to the Nice Classification, clothing-related goods fall under class 25.
Class 25 mentioned all the clothing-related goods including footwear and headwear, such as aprons, baby cloth, heels, caps and many more.
The basic government fees for registration are Rs. 4500 for the online registration and Rs. 5000 for the offline mode. This fee will be increased according to the number of classes selected by the applicants during the filing.
The needed documents for a clothes Trademark are a logo, Nature of Goods & Service, Aadhar Card, GST, Signed Power of Attorney, Signed User Affidavit, MSME Certificate, Start-up Certificate
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