You dreamed of your own fashion label - maybe it’s streetwear in Mumbai, handloom sarees in Jaipur, or minimalist tees selling on Instagram. You designed it. You built it. You gave it a name that deserves recognition. Now comes the real test: protecting your clothing brand in India before imitators catch up. If you’re wondering how to trademark a clothing brand in India, this guide breaks it down - step by step, with everything you need to protect your name and design.
A trademark guards your name and logo. A design registration protects your style and patterns. Do both right. Do both early. Because in India’s fast-moving fashion scene, originality is everything - and protection keeps it truly yours.
What a trademark really protects
A trademark is your brand’s voice in the marketplace. It protects your clothing brand’s name, logo, and slogan from being copied or misused. But it doesn’t guard the cut of your kurta, the weave of your saree, or the shape of your jacket. That’s where design registration and trade dress protection in India come in. Together, they form your shield - one that keeps your creativity safe and your identity untouchable.
Class 25: The class your fashion brand lives in
Every fashion brand in India belongs to a class - not of couture, but of law. India follows the Nice Classification, a global system that divides goods into 45 trademark classes. You must pick the right one before filing. For fashion, it’s Trademark Class 25 in India, the home of clothing, footwear, and headgear. Everything from designer sarees to streetwear hoodies fits here. If your brand also sells online or manages retail stores, add Class 35 for “retail and marketing services.”
Here’s a quick look:
- T-shirts and jeans? Class 25.
- Sneakers and sandals? Class 25.
- Hats, caps, dupattas? Still Class 25.
File under the wrong class, and your protection slips like a loose thread. File it right, and your trademark for a clothing brand in India holds strong, no matter how trends change.
Step-by-step: Trademark your clothing brand in India
Filing a trademark for your clothing brand in India isn’t rocket science - it’s just a process. Whether you’re a startup or a homegrown designer, knowing how to trademark a clothing brand in India can help you secure your label before it hits the market. Do it once, do it right, and your brand will thank you forever.
1. Search before you file
Before you fall in love with your brand name, make sure it’s truly yours. Start with a reliable trademark checker - it gives you instant results, catches close matches, and saves you from costly mistakes later. Once you’ve checked there, confirm it on the official IP India Trademark Search portal to see the government database for final verification. Search both the word mark (your brand name) and your logo. If the name’s taken, tweak it early. Better to change now than face an opposition notice later.
2. Choose your mark type
Your mark defines your protection.
- Word mark - protects just the brand name (like “KAVYA” or “URBAN THREADS”).
- Logo / Device mark - protects your symbol, typography, or design.
- Combination mark - protects both together (the safest bet for fashion brands).
You can file multiple forms if your brand uses both. Think of it as layering your protection - like adding lining to your design.
3. Prepare your application (Form TM-A)
Now gather your essentials:
- Owner details - you or your company.
- Representation of the mark - your name, logo, or both.
- Class 25 goods list - shirts, jeans, sneakers, headgear, etc.
- Power of Attorney - if an attorney files for you.
- Priority claims - if you’ve already filed abroad.
Neat paperwork means fewer hiccups later.
4. File online via IP India
Head to the IP India e-filing portal and submit your application. Pay your fee - ₹4,500 if you’re an individual, startup, or MSME; ₹9,000 if you’re a company. Simple, right? Well, not always. The IP India Office highly recommends it, and businesses in India rely on experienced professional trademark attorneys to file correctly the first time - avoiding errors, objections, and long delays.
5. Examination & publication
Once filed, the trademark office examines your application. If they find an issue, you’ll get an examination report. Reply clearly, defend your mark. If approved, your brand gets published in the Trademark Journal. For four months, the public can oppose it - so eyes open.
6. Registration & renewal
If there’s no opposition (or you win one), your trademark gets registered. You’ll receive the TM registration certificate - your brand’s legal armor. Valid for 10 years, and renewable forever with a simple fee. File it once, keep it for life. File your trademark early. The fashion industry in India moves fast - and once your brand goes viral, so do the imitators. Secure your clothing trademark in India before your next drop hits the shelves.
Why you still need design registration
Your garment might have a unique shape, pattern, ornament. A trademark can’t fully protect that. Use design registration for the look, not the name. Design registration for clothing in India protects your patterns, textures, and garment shapes - the creative side that a trademark can’t cover. What can design registration protect?
- Shape, pattern, ornamentation, lines, color set
- Only the non-functional aesthetic parts
Under the Designs Act, 2000, in India. Duration: 10 years, extendable by 5 more years (total 15) in many cases.
Trade dress: guard your brand’s “look & feel”
Trade dress protection in India covers the overall style of your brand - from packaging and store layout to the hangtag design that customers instantly recognize. If your brand has a distinctive visual identity beyond just the logo, you can argue trade dress rights. Trade dress protection in India is tricky. You must show that look is recognized by your buyers, and that it signals your brand. Courts require proof. But combining trademark + trade dress + design is your strongest envelope.
Enforce & protect your rights
You must watch the market. Snap up listings on marketplaces that misuse your brand. Issue takedown notices. Use trademark registration when writing to platforms. Court cases are happening now. Fashion brands are winning. Registered marks make issues cleaner. Unregistered marks rely on passing off - harder.
Act early, layer your protection
Don’t wait for copycats to steal your style. File your trademark early. Register your designs. Protect your brand’s look before it becomes the next big thing. And if the process feels tricky, Trademarkia’s experienced trademark lawyers in India can help - from filing to renewals. They handle the legal side so your creativity stays safe, bold, and completely yours. Secure your fashion brand with Trademarkia - where India’s top trademark lawyers make protection effortless.
FAQs
What is Trademark Class 25 in India for clothing brands?
Trademark Class 25 in India covers clothing, footwear, and headgear - everything from sarees and T-shirts to sneakers and caps. Filing under the correct class ensures your fashion label gets the right protection. If you’re unsure which class to choose or sell across multiple categories, Trademarkia’s experienced trademark attorneys in India can help you file it right and safeguard your brand identity.
2. How to trademark a clothing brand in India?
To trademark a clothing brand in India, start with a reliable search using Trademarkia’s reliable trademark checker to make sure your brand name and logo are unique. Then, file under Class 25 through the IP India e-filing portal, attach Form TM-A, pay the fee, and wait for examination and publication. If the process feels complicated, Trademarkia’s trademark filing experts can handle every step for you - from filing to oppositions - while you focus on your next collection.
3. Why do fashion brands need both trademark and design registration in India?
A trademark protects your brand’s name and logo, while design registration for clothing in India protects your garment’s shape, pattern, or unique ornamentation. Both together create a full circle of protection for your fashion business. Designers use Trademarkia’s legal services in India to manage both registrations - ensuring their name and creativity stay safe under one roof.
4. How to check if my clothing brand name is available in India?
Use the official IP India public search to see if your brand name or logo is already registered. For deeper, faster, and more reliable results, try Trademarkia’s reliable trademark search tool, which scans for similar marks, sound-alike names, and close design matches. It’s the smarter first step before filing a trademark for your fashion brand in India.
