Class 25 · Clothing, footwear, headwear

Clothing brands get opposed more than anyone.

Apparel is the biggest category in the TTAB opposition record, and the one where defendants most often show up without a lawyer. Check the name against that record before you print the labels.

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TL;DR

Start with a broad trademark search. Clothing is the most-opposed category in the TTAB record and, in our experience, one of the most refused, and marks registered for other goods are often cited against clothing applications.

Then file with the USPTO in Class 25, which covers clothing, footwear and headwear, and prove the name is used as a brand on a neck label, hang tag or product page. A name printed only as decoration across the front of a shirt doesn’t count.

How do I trademark a clothing brand?

Search broadly first. Then file a US application in Class 25, plus Class 35 if you sell through your own online store, and prove use with a specimen that shows the mark working as a brand, such as a label, hang tag or product page with a way to buy.

  • Search first, and search broadly. Marks registered for other goods, such as bags, jewelry, cosmetics or retail services, are frequently cited against clothing applications, so a search limited to Class 25 misses real risks. See how to search for a trademark.
  • Pick the right classes. Clothing is only one piece of the puzzle. Class 25 covers clothing, footwear and headwear, and most apparel brands also register in Class 35, the service class that covers an online store. Bags and wallets are Class 18 and jewelry Class 14. Cover what you sell now, and file on an intent-to-use basis for goods you have a genuine plan to add.
  • Choose a filing basis. File “in use” if you’re already selling, or on an intent-to-use basis to lock in a date before launch.
  • Use a real specimen. Submit photos of actual labels and tags, or a live product page showing the mark near the goods with a way to order. Mockups get refused.

How often are clothing trademarks opposed?

More often than any other category. General clothing drew 1,154 oppositions in 2025, T-shirts 1,060 and headwear 1,014, the three largest categories in the record.

Oppositions by category. Volume trend compares yearly averages for 2024 and 2025 against 2021 and 2022. Opposition rate is per 1,000 published applications (filed 2017 through 2021) and is best read as a comparison between categories.
CategoryOppositions 2021 through 20252025Volume trendRate per 1,000
Clothing (general)5,4741,154+11%28.3
T-shirts5,3351,060+2%34.0
Headwear5,1001,014+2%33.7
Footwear3,717791+5%33.0
Hoodies & sweatshirts2,735534+7%36.3
Swimwear905169−0%32.7
Activewear786154−1%39.3

Volume in the biggest apparel categories is roughly flat, but so many marks are filed that even a modest rate produces more than a thousand challenges a year in each.

Which words get clothing brands opposed?

Ordinary words that an established brand has made its own, including Dope, Boss, Bella, Hustler, Roots, Goat and District. Each has been the basis of repeated oppositions against later applications.

Owners whose opposition watch concentrates on clothing. Oppositions counts applications containing the word that the owner opposed; “+N” means other owners also police it.
WordPoliced byOppositionsLatest
DopeRDSTR IP 2 AB +135May 2026
BossHugo Boss AG +431Jul 2026
BellaBella + Canvas, LLC28Apr 2026
HustlerLFP IP, LLC25Mar 2026
RootsRoots Corporation23Jun 2026
Goat1661, Inc. +121Mar 2026
DistrictSan Mar Corporation19Jun 2026
RogueCoulter Ventures, LLC17Jul 2026
TheoryTheory LLC16Jun 2026
PalaceGSLT Holdings Limited12Mar 2026

A common word can still be someone’s brand, because trademark rights attach to a word as used for particular goods. These owners watch the register for later applications that use it.

Why was my clothing trademark refused as ornamental?

The examiner treated the mark as decoration that does not tell buyers who made the goods. A large logo or phrase across the front of a shirt reads as ornamentation, while the same mark on a neck label or hang tag reads as the maker’s name.

Ornamental refusals are often fixable, with a new specimen showing the mark on labels or tags, evidence that customers already recognize it as your brand, or, in some cases, registration on the Supplemental Register. Slogans and widely used phrases are harder to fix, because a phrase that is merely a message may not function as a trademark at all. More on specimen refusals for self-filed applications.

Do clothing brands usually hire a trademark lawyer?

About six in ten do once they are opposed. Clothing, T-shirt, headwear and footwear defendants retain counsel between 60% and 62% of the time, so roughly four in ten defend alone or not at all.

Opposed defendants per year and the share appearing through a law firm, as reported by category.
CategoryMatters per yearWith counsel
Clothing (general)1,16962%
T-shirts1,10260%
Headwear1,04662%
Footwear78261%
Hoodies & sweatshirts56665%

Unrepresented rates are highest in activewear (48%), swimwear (42%), T-shirts (41%) and footwear (41%).

What should I do if my clothing trademark is opposed?

Calendar the answer deadline the Board sets, generally 60 days from the notice, and get advice before that date. Across all categories combined, 44% of opposed applicants never answer and lose by default.

Apparel opposers are frequently brands with a standing watch on their mark, and they expect many applicants not to answer. Filing an answer keeps every option open, including a negotiated, narrower registration. See how trademark oppositions work, or help if you filed the application yourself.

44% is the share of matters showing a default, from 16,106 TTAB prosecution histories parsed so far.

Not legal adviceThis page gives general information about US trademarks in this industry and is not legal advice about your situation. USPTO rules, fees and deadlines change, and every matter turns on its own facts. Company names in the tables are drawn from public TTAB records and are shown for information only. Reading this page does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.

How we work with you.

01

Clear the name

A search and a straight read on risk before you invest in labels, packaging or a launch.

02

File it right

The right classes, a goods description that matches how you sell, and a specimen that proves use.

03

Defend it

Office actions, oppositions and enforcement, with a clear view of cost before each step.

More questions.

Q01Is Class 25 enough for a clothing brand?

It covers the clothing, footwear and headwear themselves. Bags, jewelry and retail store services fall in other classes (18, 14 and 35). File for the goods you sell.

Q02Can I trademark a phrase printed on T-shirts?

Only if it works as a brand that identifies who makes the shirt. Common slogans and informational phrases read as a message or decoration and are usually refused.

Q03Can a big brand stop me using an ordinary word?

It can oppose your registration, and may claim infringement if the marks are likely to be confused for related goods. Whether it would succeed depends on the facts, so check the name before you invest in inventory.

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