Trademark Class 25 or Class 35 for Your Clothing Brand? A Strategic Guide

One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

TL;DR: Registering both Class 25 and Class 35 is often wise for clothing brands, especially if you intend to sell online or through your own retail channel. Objections in Class 35 are real but manageable. Strategic handling minimises costs and strengthens your brand's legal wall.

When Anjali Mehta, a budding designer from Jaipur, started her label "Rasa Threads", she filed a trademark application under Class 25 through an online platform called MyTrademarkPortal. The initial euphoria faded fast. A month later, an examination report landed with a messy objection. She hired a general lawyer to reply, but the confusion only grew. Mehta wasn’t sure whether she even needed Class 35, or if the extra money for objection handling on that class was a wise spend. By late February 2025, after two rounds of back-and-forth with the Registry, she approached the Chamber of Advocate Sudhir Rao. The office of Advocate Sudhir Rao dived straight into a detailed trademark search across both classes. The analysis revealed a conflicting mark for retail services—owned by a Pune-based lifestyle chain. But here’s the twist: that chain’s Class 35 registration was narrower than Mehta’s actual business model, which was purely online. Armed with that granular search and a carefully drafted response, Advocate Sudhir Rao argued the distinct trade channels and the specific nature of the services. The Registry withdrew the objection, and Mehta’s mark proceeded to advertisement in both classes. The specialised handling of the overlapping retail angles made all the difference.

Key Facts of the Case

• Anjali Mehta’s brand "Rasa Threads" dealt in women’s ethnic wear, sold primarily via her own website and Instagram store.
• She filed for Class 25 (clothing) through an online platform in early January 2025.
• An examination report in Class 25 cited a conflicting mark under Section 11(1) of the Trade Marks Act, 1999.
• The platform charged ₹11,000 per class for handling objections, plus government fees, but gave unclear advice on Class 35.
• The conflicting mark in Class 35 was registered for a physical retail chain, not e-commerce, creating a space for distinctiveness.
• Advocate Sudhir Rao’s office filed a detailed counter-statement, narrowing the specification of services to "online retail store services" and successfully distinguishing the marks.
• The mark was advertised in the Trade Marks Journal within three months of the response, and no oppositions followed.

The Direct Legal Answer

For a clothing brand that plans to sell directly to consumers—whether online, through a pop-up, or later in its own store—Class 35 is not just a fancy add-on. It covers "advertising, business management, business administration, office functions" and, crucially, retail services. If someone else registers a similar name in Class 35, they could legally stop you from using your own brand name in a retail setting, even if your Class 25 registration is rock-solid. So, yes, getting both classes done upfront is smarter than playing catch-up later.

Is there a real possibility of objections in Class 35, just like Class 25?

Absolutely. The Registry examines Class 35 applications with the same rigour under Section 9 (absolute grounds) and Section 11 (relative grounds). In fact, because many businesses file for Class 35 broadly, earlier registered or pending marks often trigger objections. But a search beforehand clarifies the landscape. A simple clearance search can tell you if a conflicting mark exists, and crafting a narrow specification of services often skirts the conflict.

Should I register Class 35 now or wait?

Now is better. The application date is what counts for priority. If you wait and someone else files a similar mark in Class 35 in the interim, you’ll have an uphill battle. The filing fee difference isn’t huge compared to the cost of litigating an infringement suit later. And here’s the thing—if you start using the mark for retail without registering Class 35, you might even be vulnerable to a passing-off claim from a prior user in that class.

Is paying for objection handling for Class 35 worth it?

Objection handling fees are a risk-based investment. If you get an objection, you need a well-drafted reply that shows actual use, distinctiveness, or differentiation. A generic reply—like one you might dash off yourself—often fails. The platform mentioned charging ₹10–12k per class, which is typical for such services. But not all objections are equal. A specialist can often tell you upfront how strong the objection is and whether a reply is likely to succeed, so you don’t pay for a lost cause.

Advice in Such Cases

Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Don’t merely rely on the platform’s generic search tool. Get an independent trademark search done by an advocate who works with IP matters day in and day out. Many applicants miss that a well-drafted description of goods or services in the application itself can prevent objections. Narrow your Class 35 claim to the specific retail channel you actually use—online retail, wholesale, franchise, whatever. That simple tweak can keep you clear of existing registrations. And if you get an objection anyway, treat it seriously; a weak reply can force you into a lengthy appeal.

This is not an area where general familiarity with commercial law suffices. Trademark practice involves arcane examination procedures, specific drafting techniques, and an understanding of how the Registry interprets distinctiveness. Engaging an advocate who handles these matters routinely typically leads to faster registration and fewer costly detours.

Applicable Sections of Law

• Section 9 of the Trade Marks Act, 1999 – Absolute grounds for refusal (descriptiveness, lack of distinctiveness).
• Section 11 of the Trade Marks Act, 1999 – Relative grounds for refusal (conflict with earlier marks).
• Section 18 of the Trade Marks Act, 1999 – Application for registration, including the requirement to specify the class of goods/services.
• Section 128 of the Trade Marks Act, 1999 – Application of the Limitation Act, 1963 to proceedings before the Registrar.
• Trade Marks Rules, 2017 – Rules 33-37 govern examination, objections, and filing of replies.

Limitation Period

There is no strict limitation period for filing a trademark application itself—you can apply at any time. But if you want to oppose a published mark, you must file the opposition within 4 months of the date the mark was advertised in the Trade Marks Journal, as per Section 21(1). That period can’t be extended. If you miss it, you lose the chance to object administratively. Similarly, if your registration is granted and you later discover infringement, the civil suit must be filed within 3 years from the date of the cause of action, under Article 88 of the Limitation Act, 1963. Missing deadlines can be fatal, and condonation of delay is rarely granted in opposition matters.

Interim Reliefs Available

Once your trademark is registered or even pending, you can seek interim relief in a civil suit for infringement or passing off. The most common is a temporary injunction under Order 39 Rules 1 and 2 of the Code of Civil Procedure, 1908, restraining the defendant from using a confusingly similar mark. Courts also grant ex parte ad interim injunctions if the urgency is high. Under Order 38 CPC, attachment before judgment is possible if the defendant is likely to dispose of assets. In trademark matters, getting a prompt injunction often decides the case early, because the defendant realises they’re up against a strong registrant. This is why securing registration quickly through proper class selection is so valuable.

How Courts Typically Approach Such Cases

Indian courts, while interpreting trademark class disputes, focus heavily on the actual trade description and not just the numerical class. If you’re using the mark for online retail and you’ve registered Class 25 only, the court will still look at whether your use spills into retail. Conversely, if you have Class 35, you gain a strong statutory presumption of exclusive rights in retail. The judiciary tends to protect brands that have taken comprehensive registrations over those with piecemeal coverage. And here’s the nuance: courts may assess whether the confusion between goods and services is likely, and if the channels of trade overlap. So a clothing brand with a retail registration is far better placed than one without.

Timeline of Legal Process

• Filing to Examination: 2-4 months after application, the Registry issues an examination report.
• Response to Objection: You must reply within 1 month, extendable by one more month. A well-drafted reply resolves most objections in 1-3 months.
• Acceptance and Advertisement: If cleared, the mark is published in the Trade Marks Journal. This takes 1-3 months from acceptance.
• Opposition Period: 4 months from publication for anyone to oppose. If none, the mark proceeds to registration.
• Registration Certificate: Issued within 6-8 months after the opposition period ends, assuming no opposition.
• Appeal against Registrar’s decision: To the Intellectual Property Appellate Board (or High Court, post-Tribunal Reforms) — takes 1-3 years typically.

Overall, a straightforward registration for both classes without major objections can wrap up in 12-18 months. Contested matters drag longer.

Understanding the Costs

The total cost of a matter like this varies significantly from one case to the next — it depends on the complexity of the dispute, the forum involved, the number of hearings, and the specific facts of your situation. There is no single fixed figure that applies to everyone.

A professional advocate can give you an accurate estimate only after reviewing all your facts and documents in a consultation.

Can the Matter Be Settled Out of Court?

Trademark disputes often settle amicably. If you oppose someone’s mark or they oppose yours, you can negotiate a coexistence agreement—where both parties agree to operate in clearly defined, non-overlapping fields. These agreements are recognised and can be recorded with the Registrar. Mediation is also available; the Commercial Courts Act, 2015 encourages pre-litigation mediation for IP disputes. In infringement suits, a settlement can be recorded as a compromise decree, ending the litigation fast. However, for settlement to be meaningful, both sides need to understand their legal position—which is why early registration and a strong search report put you in a better bargaining chair.

Common Mistakes People Make

• Filing Class 25 alone and then launching physical stores or an e-commerce platform without Class 35, exposing the brand to opposition or infringement claims.
• Paying for objection handling without first assessing the strength of the objection, resulting in wasted fees on a mark that may never register.
• Using vague service specifications like "retail services" instead of narrowing to "online retail store services featuring clothing", which invites conflicts with broader registrations.
• Assuming that the platform’s basic search tool is exhaustive—many don’t catch phonetic similarities or transliterated marks in Hindi.
• Delaying the Class 35 application while the business gains traction; the priority date advantage is lost, and a competitor might snap up the retail class.
• Engaging a lawyer who doesn’t regularly handle trademark registrations. The procedure under the Trade Marks Rules, 2017 is nuanced. Someone without domain experience might draft a weak reply or miss the window to narrow the specification, weakening your case for years to come.

FAQs People Normally Have

Can I use the ™ symbol while my trademark is pending?

You can use the ™ symbol immediately upon filing. It signals your claim to the mark, though it doesn’t guarantee registration. Once registered, you can use the ® symbol. Never use ® before registration—it’s a criminal offence under Section 107 of the Trade Marks Act, 1999.

What if I’m only selling on Myntra and Amazon—do I still need Class 35?

Yes. Even marketplace sales involve retail services. While the marketplace may handle the transaction, your brand is presented in a retail manner. Registering Class 35 ensures you can prevent a copycat from opening a similar-sounding store or using your brand for retail—online or offline.

How often are Class 35 objections raised compared to Class 25?

Comparable rates. The Registry is equally active in both. Many applicants file generic retail specifications, so the crowded register throws up more conflicting marks. A pre-filing search by an expert advisor goes a long way.

Can I add Class 35 to my existing application later?

You can file a fresh application for Class 35 anytime. However, you won’t get the earlier priority date for Class 25. A separate application with a later date means you could be vulnerable until that second application is registered. So, filing both together is the safe play.

What happens if someone opposes my application?

An opposition is a contested proceeding before the Registrar. You’ll need to file a counter-statement, evidence in support, evidence in reply, and then a hearing. It’s a lengthy, costly battle. A specialist can often negotiate a settlement before it gets to that stage, assuming your mark has distinctive elements.

This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.

Advocate Sudhir Rao, Supreme Court of India