Reading time: 3 minutes

Are you unsure of when to apply to register a trademark in retail services? Have you just started your own clothing label but do not know in which classes you should be registering? This is a common area of confusion and the following article will attempt to clarify when you need to apply to register a trademark in retail services.

Hypothetical

Let’s suppose you have just started a clothing manufacturing business. You may need to register a trademark in retail services for the clothing you manufacture in the factory. You, and other clothing manufacturers, will, more often than not, apply for retail services, as you plan on selling the apparel that you manufacture and believe this to be the next logical step in the process of trademark registration. It is important to remember that a trademark is to be used in the course of your particular business and selling these clothes is clearly an important part of any clothing manufacturer’s business.

So, as the manufacturer of goods, you can sell those goods and be covered by your trademark. This means that you do not necessarily need to apply for “retail services” when applying for trademark registration (class 35). This is important, as you will both save money and give your business adequate protection over its intellectual property. Typically, you would need to register under class 25 for clothing and apparel. This means that there is no need to register in any other classes if the only activity your business operates in is the making of clothes.

However, if one day you decided to open a clothing store where you would sell both yours and other people’s clothing, you would need to register under class 35 for retail services.

A claim for retail services is the bringing together, for the benefit of others, a variety of goods enabling customers to conveniently view and purchase the goods.

When registering a trademark with the intention of selling clothing that you have personally manufactured, class 25 will be sufficient. On the other hand, when intending to sell someone else’s clothing in a retail capacity, you will need the additional class 35 for retail services to get sufficient protection for the sale of those goods.

However, if you are not actually retailing the goods of others, a claim that included retail services under class 35 might not apply, and if this class were the only class for which you applied, it might mean that your own manufactured clothing will also not be protected.

Conclusion

If you are manufacturing clothing, or selling the clothes of others, and you are unsure about which classes will be sufficient on an application for trademark registration, contact LegalVision on 1300 544 755. Our team of trademark lawyers will be able to assist you during the entire process and will simplify what can sometimes be a complex process.

Webinars

Redundancies and Restructuring: Understanding Your Employer Obligations

Thursday 7 July | 11:00 - 11:45am

Online
If you plan on making a role redundant, it is crucial that you understand your employer obligations. Our free webinar will explain.
Register Now

How to Sponsor Foreign Workers For Your Tech Business

Wednesday 13 July | 11:00 - 11:45am

Online
Need web3 talent for your tech business? Consider sponsoring workers from overseas. Join our free webinar to learn more.
Register Now

Advertising 101: Social Media, Influencers and the Law

Thursday 21 July | 11:00 - 11:45am

Online
Learn how to promote your business on social media without breaking the law. Register for our free webinar today.
Register Now

Structuring for Certainty in Uncertain Times

Tuesday 26 July | 12:00 - 12:45pm

Online
Learn how to structure to weather storm and ensure you can take advantage of the “green shoots” opportunities arising on the other side of a recession.
Register Now

Playing for the Prize: How to Run Trade Promotions

Thursday 28 July | 11:00 - 11:45am

Online
Running a promotion with a prize? Your business has specific trade promotion obligations. Join our free webinar to learn more.
Register Now

Web3 Essentials: Understanding SAFT Agreements

Tuesday 2 August | 11:00 - 11:45am

Online
Learn how SAFT Agreements can help your Web3 business when raising capital. Register today for our free webinar.
Register Now

Understanding Your Annual Franchise Update Obligations

Wednesday 3 August | 11:00 - 11:45am

Online
Franchisors must meet annual reporting obligations each October. Understand your legal requirements by registering for our free webinar today.
Register Now

Legal Essentials for Product Manufacturers

Thursday 11 August | 11:00 - 11:45am

Online
As a product manufacturer, do you know your legal obligations if there is a product recall? Join our free webinar to learn more.
Register Now

About LegalVision: LegalVision is a commercial law firm that provides businesses with affordable and ongoing legal assistance through our industry-first membership.

By becoming a member, you'll have an experienced legal team ready to answer your questions, draft and review your contracts, and resolve your disputes. All the legal assistance your business needs, for a low monthly fee.

Learn more about our membership

Need Legal Help? Submit an Enquiry

If you would like to get in touch with our team and learn more about how our membership can help your business, fill out the form below.

Our Awards

  • 2020 Innovation Award 2020 Excellence in Technology & Innovation Finalist – Australasian Law Awards
  • 2020 Employer of Choice Award 2020 Employer of Choice Winner – Australasian Lawyer
  • 2020 Financial Times Award 2021 Fastest Growing Law Firm - Financial Times APAC 500
  • 2020 AFR Fast 100 List - Australian Financial Review
  • 2021 Law Firm of the Year Award 2021 Law Firm of the Year - Australasian Law Awards
  • 2022 Law Firm of the Year Winner 2022 Law Firm of the Year - Australasian Law Awards