Three Examples of Businesses in Trade Mark Class 25

Angus

• 16 November 2021
• 23 November 2021
• 5 min read

If you are thinking of registering a trade mark in Australia, you will need to become familiar with IP Australia. IP Australia is the body responsible for managing trade marks in Australia, categorising them into 45 different classifications of goods and services. For example, clothing, footwear, and headgear all fall under Class 25, one of the 45 classes. Without a doubt, you should understand trade mark classes to ensure that you are completing your trade mark application correctly. This article will explore three examples of businesses in trade mark class 25 and provide an overview of trade mark classes.

What is a Trade Mark Class?

IP Australia’s trade mark classifications allow businesses to register their trade marks in the categories most closely connected to their main business. With this in mind, customers are unlikely to confuse the source of origin of highly distinct items. Thus, a mark registered in one class (such as medicine) does not infringe on a mark registered in a completely different class (such as clothes).

For instance, customers would not mistake a pharmaceutical firm called “GoodMedicine” for a company that makes socks. As a result, because the marks are registered in distinct classes, they can exist with the same trademark independently.

Examples of Trade Marks in Class 25

The following are examples of products in trade mark class 25:

• BILLABONG (T-shirts and tops); 
• LEVI’S (jeans); and 
• RM WILLIAMS (sweaters and blazers).

Although these brands have several classifications they fit into, class 25 is the most accurate for their available product offerings.

How Do I Register a Trade Mark in Class 25?

If you are registering a trade mark already in use in commerce, you will need to provide a sample of the mark as it appears to consumers. Additionally, the mark must be seen on or in connection with the items in trade on the specimen. 

A trade mark specimen should be a:

• label;
• tag; or
• container 

for the products or a related display.

However, you can provide a photocopy or other reproduction of a specimen as it is used in connection with the products.

What Types of Specimens Can I Use?

A label is admissible in most situations when you affix the trade mark to the products or containers using labels. Therefore, if shipping or mailing labels are applied to the products or the containers carrying the goods, and if valid trade mark usage is proven, IP Australia may accept them. However, they are not allowed if the mark is just used as a trade name and not as a trade mark. For instance, IP Australia allows the usage of a trade mark merely as a return address.

Thus, an appropriate technique of trade mark affixation is to stamp a trade mark on:

• the products;
• the container; or 
• tags or labels connected to the goods or containers. 

The trademark can be:

• imprinted in the items’ body, as with metal stamping; 
• applied with a rubber stamp; or 
• inked on with the use of a stencil or template. 

In addition, IP Australia allows photographs or facsimiles of the real stamping or stencilling as trade mark examples. 

Finally, a specimen demonstrating the use of the trade mark on a vehicle in which the goods are marketed to customers can serve as evidence.

Why Register a Trade Mark?

The advantages of registering a trade mark if you supply goods and services include:

1. halting and preventing the illegal use of a trade mark if you have exclusive rights (e.g. copycats). You can only prohibit and prevent unauthorised usage if your reputation has been established in the trade mark without registration;

2. ensuring that your trade mark is protected in Australia. Without registration, your rights are typically limited to places where you can demonstrate a reputation;

3. creating a valuable asset that may be licenced or sold; and

4. ensuring cost-effective enforcement. Once a trade mark is registered, it is not necessary to build a reputation to get relief from infringement. As a result, this is useful because demonstrating reputation may be a time-consuming and costly process.

Therefore, registering a trade mark as early as possible ensures you are in the best position to grow your businesses and respond to infringement claims where necessary.

Key Takeaways 

When deciding whether your trade mark falls in trade mark class 25, you should consider:

• whether you have a clothing company; and
• if you have specimens available to prove your use of the trade mark.

If you need help understanding trade mark class 25, contact our experienced trade mark lawyers on 1300 657 423 or fill out the form on this page.

Frequently Asked Questions