In short
Clothing, footwear and headwear fall in Class 25 of the USPTO's international classification. The USPTO charges its base filing fee per class, so a line of golf shirts, dress shirts and t-shirts is one class, while adding a service like custom printing adds a second class and a second fee.
Where clothing sits in the USPTO system
The USPTO sorts every product and service into international classes numbered 1 to 45, and it uses them to organize applications, assess fees and search its database. Goods and services are never in the same class. In the USPTO's overview, Class 25 is clothing. (USPTO: Goods and services)
The Nice classification that the USPTO publishes describes Class 25 as clothing, footwear and headwear, and says it includes mainly clothing, footwear and headwear for human beings. (USPTO: Nice Agreement current edition) Our own Class 25 page walks through the same class in plain English.
How the fee works for a clothing line
The USPTO says its base filing fee is $350 for each class of goods or services, paid to the USPTO. It gives a clothing example: a line of golf shirts, dress shirts and t-shirts all fall under the same international class, so the filing fee would be $350 for the one class. (USPTO: Goods and services)
The same page adds the catch. If you also provide custom t-shirt printing services, you have goods and services in two different classes, and the fee becomes $700, which is $350 for each class.
The number of classes, not the number of products, drives the government fee.
Wording what you sell
The USPTO tells applicants to use clear, concise identifications that the general public would understand. Vague terms can lead to a refusal in an office action. It gives the example of a black short-sleeved t-shirt, which you could describe as t-shirts, shirts, or tops as clothing. (USPTO: Goods and services)
You can pick pre-approved descriptions from the USPTO's ID Manual, or draft your own for an additional fee per class. See goods and services description in the glossary for why the wording matters.
You must be using it, or genuinely planning to
The USPTO says that if your application is based on use in commerce, you must be using the trademark in commerce for all the goods and services listed. If it is based on a bona fide intent to use, you must have a good faith intent to use it on all the goods listed. (USPTO: Goods and services)
For a clothing brand that is still at the sample stage, that is worth thinking through before you list hats, hoodies and sneakers all at once. List what you actually sell or genuinely plan to sell. The Trademark ID Manual is where the USPTO's pre-approved wording lives.
Where this fits with selling online
Marketplace programs often want a registration behind the name. What Amazon Brand Registry requires is a registration question, and each marketplace sets its own rules.
If you are earlier in the process, how to trademark a name step by step covers the whole path from search to filing. Not sure whether your clothing name is already taken? A free brand audit is a low-pressure first look. This is general information, not legal advice about your brand.
Frequently asked questions
Clothing is Class 25. The USPTO's overview lists Class 25 as clothing, and the Nice classification describes it as clothing, footwear and headwear.
Yes. The Nice classification the USPTO publishes describes Class 25 as clothing, footwear and headwear, mainly for human beings.
The USPTO says its base filing fee is $350 per class, paid to the USPTO. A line of golf shirts, dress shirts and t-shirts is one class, so $350 for that class. Adding goods or services in another class adds another fee.
No. The USPTO uses custom t-shirt printing as an example of a service, which falls in a different class from the shirts themselves. With both, the USPTO says the filing fee would be $700.
Use clear, concise terms the public would understand. The USPTO says you can choose pre-approved descriptions from its ID Manual or draft your own for an additional fee per class.
Only if you have a bona fide intent to use the mark on all of them. The USPTO says an intent-to-use application requires a good faith intent for every listed item.
No. My Trademark Vault is an independent service and is not affiliated with the USPTO. Any government filing fee is paid to the USPTO.
Know this subject better than we do, or spot something we got wrong? Tell us, or offer to contribute. Everything is reviewed and credited before it is published.
This article is general information, not legal advice, and reading it does not create an attorney-client relationship. Trademark outcomes depend on the specific facts of each application.