I'm both manufacturing and selling clothing items. Should I register my trademark in Class 25 (clothing) and Class 35 (retail)?

By definition, a trademark needs to display sufficient distinctiveness to identify the origin and ownership of the products and services. That means generic and descriptive words should be avoided at all costs. The landmark case in United States PTO v. Booking.com B.V, however, proves that a generic term combined with “.com” or another top-level domain can be registered as a trademark if there is sufficient evidence of consumer recognition.

People all over the world are using smartphones and tablets. As mobile app usage grows in popularity, the number of app downloads worldwide increases as well. The global mobile application market size was estimated at USD 187.58 billion in 2021 and is expected to reach USD 206.73 billion in 2022[1]. The trend shows that more and more people prefer to use mobile devices over the traditional system, which means more businesses are transitioning their services to mobile-first software solutions. Trademark registration offers an effective mechanism for protecting the uniqueness of this vital asset of any business, including mobile apps.

Many entrepreneurs still consider trademark registration to be the least important step in the process of establishing their brand. This can become a big issue. Not registering a trademark from the start leaves a company vulnerable to potential copycats and other forms of brand infringement that can significantly damage its reputation and hamper growth.