Many of us can conjure up an image of famous trademarks for footwear companies like Nike and Puma. In some cases, they begin to represent the brand for quick recognition. Footwear trademarks can be simple in shape, iconic in impact, and tricky to navigate as a new business owner. To make your brand stand out, you need a recognizable trademark, but you may wonder, “What trademark class is footwear?” You will need to know this to register your trademark.

What Does a Trademark Do for a Brand?

A trademark is a symbol or logo that denotes a brand on a product. Trademarks can build brand loyalty and differentiate authentic products from lower-quality duplicates. Some of the most recognizable logos come from brands that manufacture shoes. The power of a good trademark for your brand cannot be overstated.

Patents vs. Trademark for Footwear

Footwear can be subjected to two different types of claims: patents and trademarks. Both applications are filed to the same organization, although they both perform different tasks with respect to products. Knowing which one your footwear brand needs is essential to achieving the widest scope of success.

Patents typically cover specific products as opposed to brands. There are two kinds of patents one might pursue for a shoe design: utility patents and design patents. A utility patent gives a person or company the exclusive commercial right to the particular method of construction of a shoe or some structural element.

For example, Nike has thousands of patents for the technologies used to make their running shoes. A design patent covers particular stylistic elements that adorn the shoe or make it distinct.

Trademark Classes

Most footwear is represented by Class 25 of the trademark class list from the U.S. Patent and Trademark Office (USPTO). This class covers clothing, excluding sunglasses, watches, jewelry, purses, and wallets, and footwear, including beach shoes, gymnastic shoes, boots, heels, and loafers.

Class 25 does not cover specialty shoes like ice skates or roller skates, which are considered sports equipment. These fall under Class 28. Classes like this, which contain products that bear a strong relation or resemblance, are called coordinated classes.

The USPTO recognizes 45 different classes of products, goods, and services that are eligible for a trademark. Another coordinated class for shoes, in addition to Class 28, is Class 18, which covers leather goods.

Filing an application for the wrong class is not the end of the world, although there is a high likelihood that your application will be denied. To avoid the hassle and expense of having to file again, we recommend speaking with a trademark attorney to increase your chances of a successful application.

What Can I Not Put in My Logo?

The USPTO prohibits applicants from trying to trademark the following things:

• The American flag
• The names of living people, unless they consented
• Government symbols
• The name and likeness of a deceased U.S. President

Do I Need an Attorney to File for a Trademark?

Unless you are an international applicant, the USPTO does not require you to have a trademark attorney to file for a trademark; however, there are many requirements for applicants that can be overwhelming to manage. A trademark attorney can ensure you achieve success the first time around.

Some of the things you can expect from the application process are:

• Creation and submission of your logo/mark to the USPTO
• Sending a sample of how the mark will be used on your products
• Sorting your products into their respective trademark classes
• Filing fee per trademark class
• Answering questions posed by your USPTO examiner

It is worth noting that there are many reasons why an application might not be successful. In some cases, the USPTO examiner assigned to you will reject you outright. In others, you may only have to answer their clarifying questions before they decide to approve your application.

FAQs

Q: How Can I Protect My Intellectual Property?

A: The U.S. provides multiple programs to protect the intellectual property of creators, inventors, and entrepreneurs. Trademarks are one form of protection; others include:

• Patents – Typically reserved for individual products or design elements
• Copyright – Reserved for original artistic or creative works

Both of these can serve a shoe design. A patent can be filed for the special manufacturing of a shoe’s specialty laces, while a trademark protects the brand. Copyright can be filed for original artwork printed on the shoe.

Q: What Class Are Shoes Under?

A: Shoes fall under trademark Class 25, except when they are ice skates or roller skates, which fall under Class 28. Class 25 encompasses most articles of clothing and footwear, although there are exceptions to certain types of accessories. These exceptions may occur if an article of clothing serves some other purpose that is better represented by another trademark class.

Q: What Happens if I Select the Wrong Trademark Class?

A: If you select the wrong trademark class for the items you wish to add your mark to, your application will likely be rejected. Figuring out what classes your products qualify for can be difficult due to the overlap that some classes might have. If your application is rejected, you can file again after you have made your corrections. You must pay the same fee each time you file an application for a trademark class.

Q: What Is Trademark Class 21?

A: Trademark Class 21 is reserved for household utensils such as:

• Kitchenware
• Household cleaning tools, including sponges, brushes, and soap dispensers
• Glassware
• Decorative figurines
• Non-electric cookware
• Home pet facilities such as cages, birdbaths, and fish tanks

Shoes do not fall under this category, and this is not considered a coordinated class.

Contact a Trademark Attorney Today

For more information about footwear trademarks, contact us today to talk to our skilled trademark attorney. At Four Reasons Legal, we can help you with many intellectual property issues beyond filing for a trademark. Whether you are disputing a trademark violation in court or simply need assistance managing your trademark portfolio, we have the knowledge to make your business needs significantly lighter.