Trademark Registration for Textile Brands in India: Fabric, Handloom, Garments & Apparel (2026)
Class 24 vs Class 25: The Essential Textile Distinction
| Class 24 | Class 25 |
|---|---|
| Raw and semi-finished fabric/cloth | Finished garments and apparel |
| Woven, knitted, or printed fabric by the metre | T-shirts, kurtas, sarees, jeans, jackets, suits |
| Bed linen, towels, tablecloths, curtains | Sportswear, activewear, ethnic wear |
| Handloom fabric (Kota Doria, Banarasi, Sambalpuri) | Ready-made garments sold to consumers |
| Technical/industrial textiles | Footwear (shoes, sandals, slippers) |
| Dhoti, saree as fabric/unstitched cloth | Saree sold as a ready-to-wear garment (with blouse) |
GI Tags and Trademark: How They Interact for Textiles
- The GI tag protects the geographic origin collectively — all producers in that region can use the GI
- An individual business's brand name within that GI region still needs separate trademark registration
- Example: 'Ritu's Banarasi' as a brand name needs trademark registration even though 'Banarasi Saree' is GI-protected
- You cannot trademark the GI-protected geographic + product name alone (e.g., 'Banarasi Silk' exclusively) — but your unique brand name built on top of it can be registered
Handloom Brand Trademark Filing
- Individual weavers file as individuals (₹4,500 per class)
- Handloom cooperatives file as societies/trusts or under the cooperative's registered name
- Collective marks are an option for cooperatives wanting a shared brand across multiple weavers
- The Handloom Mark (national certification mark) is separate from trademark registration — having one does not substitute for the other
Textile Export Brand Protection
- Register in India first (Class 24/25) — establishes priority date
- File via Madrid Protocol to extend to export market countries within 6 months of India filing
- EU trademark (EUTM) covers all 27 EU member states in a single application — critical for European textile exporters
- Country-specific requirements: US requires actual use of the mark in commerce after registration
Frequently Asked Questions
Should a saree business file under Class 24 or Class 25?
It depends on what you sell. Unstitched saree fabric (sold by the metre) → Class 24. Finished sarees sold as ready-to-wear garments → Class 25. Many saree brands file in both to cover their entire product range.
Can a handloom weaver trademark their designs?
Trademark protects brand names and logos, not designs. For design protection, separate applications can be filed with the Design Registry under the Designs Act, 2000. For unique artistic woven patterns, copyright also applies automatically from creation.
Does India's Handloom Mark help with trademark?
The Handloom Mark is a government certification mark for authentic handloom products — it certifies that the product is handwoven. It does NOT give you exclusive brand rights. Your individual brand name needs separate trademark registration.
How do I stop a manufacturer from copying my fabric design brand?
Register your brand name in Class 24 (fabric) as a trademark. For the physical design pattern itself, file a Design Registration under the Designs Act (separate from trademark). With both, you can send legal notices and file for injunction against pattern copies sold under a similar brand.
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