Do you need a separate trademark class to license merchandise?

Artists, creators, podcasters and brands often launch merchandise long after they first filed for their name. Our page on IP licensing and assignments covers the license terms; this page covers the trademark filing that makes a merch license worth signing, using the USPTO's classification rules, its fee schedule and its examination manual.

How to cover merchandise, step by step

1. List the products you will actually sell or license. An application may list goods the owner is using, or has a bona fide intention to use, the mark on (15 U.S.C. 1112).
2. Find each product's class. The USPTO uses the international classification; the class headings are in 37 CFR 6.1.
3. Pick identifications from the ID Manual. Using the USPTO's Trademark ID Manual entries avoids the free-form text surcharge.
4. Pay per class. The base application fee is $350 per class for electronic filing; a multiple-class application pays the sum of the fees for each class (section 1112; TMEP 1401.04).
5. Show trademark use, not decoration. On clothing, the mark should appear the way a brand does: a neck label, hang tag or small chest logo, not only a large graphic across the front.
6. License with control. A licensee's controlled use inures to your benefit (15 U.S.C. 1055).

The class headings are general guides; the ID Manual decides where a specific item belongs, and some products are classified by function or material.

What does each class cost?

Fees from the USPTO fee schedule (effective January 19, 2025, last revised August 14, 2026). A five-class merchandise application filed correctly from the ID Manual therefore starts at $1,750 in USPTO fees, before any later use filings.

Why can a T-shirt refusal happen even with the right class?

Because the USPTO asks whether the words or design work as a brand on the product or just decorate it. Matter that is "merely a decorative feature does not identify and distinguish the applicant's goods" and is refused as ornamental (TMEP 1202.03). The manual explains that "a small, neat, and discrete word or design feature (e.g., small design of animal over pocket or breast portion of shirt) may be likely to create the commercial impression of a trademark, whereas a larger rendition of the same matter emblazoned across the front of a garment (or a tote bag, or the like) may be perceived merely as a decorative or ornamental feature of the goods" (TMEP 1202.03(a)).

There is a route built for artists and brands with an existing following: "secondary source." Ornamental matter on a T-shirt can show sponsorship by a known source, and an applicant can prove it with a Principal Register registration of the same mark for other goods or services based on use, non-ornamental use on other goods, or a pending use-based application. An intent-to-use application with no allegation of use is not enough (TMEP 1202.03(c)). That is one reason to register the core name for music, entertainment or the main product first; our page on trademarking a band or artist name covers that filing. Our page on specimen refusals covers what proof of use must show.

How do the filings and the license fit together?

Timing is where most merch programs slip. File the merchandise classes before the line is announced, because filing establishes nationwide priority for the listed goods, contingent on registration (15 U.S.C. 1057(c)), and an announcement invites others to file first. Sign the license next, and make the licensee's launch schedule feed your filings: if the application is intent-to-use, the statement of use for each class will rely on the licensee's real sales and its labels or tags as the specimen, so the license should require the licensee to send dated photos of products and packaging as soon as they ship.

The license should also say who pays for filings in new classes, whether the licensee can propose new product categories, and what happens to unsold stock at the end. If either side could run into financial trouble during a long term, our page on IP licenses in bankruptcy explains why trademark licenses are treated differently. If the artwork on the products was made by a designer, the license should cover the copyright in that artwork too, which is granted in writing as our page on whether a copyright license must be in writing explains. Creators working through a brand rather than a licensing company face the same points in a different contract; our post on influencer contract tips covers exclusivity and usage terms in those deals.

Once the registration issues, it can also help at the border: the USPTO points trademark owners to U.S. Customs and Border Protection, where a registration can be recorded to help prevent counterfeit imports. When fakes are already listed for sale online, our page on how to stop counterfeit sellers on online marketplaces covers the next steps.

What changes the answer

• Classes are for administration, not the limits of your rights. Section 1112 says the classification is "for convenience of Patent and Trademark Office administration, but not to limit or extend the applicant's or registrant's rights." Infringement turns on likelihood of confusion, not class numbers. But a registration's benefits attach to the goods it lists.
• You cannot add goods later. An identification may be clarified or limited, "but not to broaden" (37 CFR 2.71(a); TMEP 1402.06). New products in a new class need a new application.
• Intent-to-use filings. You can file for merchandise you plan to sell, then file a statement of use for each class when sales start, or divide out classes not yet in use. Our page on licensing a trademark that is still pending covers licensing during that period.
• Maintenance is per class too. Section 8 declarations and renewals are charged per class, and unused goods must be deleted; see our page on trademark renewal deadlines and fees.
• Copyright in the artwork. The designs on the merchandise are usually copyrighted works. A merch license should cover both the trademark and the artwork, and the creator should own the artwork; our page on work made for hire or assignment explains how to get it from a designer.

A worked example

Common mistakes

• Relying on a music or services registration for merch. It covers only what it lists.
• Typing your own descriptions. Free-form text costs $200 per class extra, and more for long entries.
• Only big front prints. A large graphic may be refused as ornamental; add labels, tags or small logos.
• Listing everything. Applying for goods you have no real intention to sell invites problems and adds fees.
• Assuming you can add products later. Identifications cannot be broadened.
• A license with no product approvals. Without control, licensee sales may not build your rights. Creators negotiating brand deals can also review our post on IP licensing for creators and brands.

What to do this week

1. Write down every product you sell now or plan to sell in the next year or two.
2. Look each one up in the ID Manual and note its class and exact wording.
3. Check your existing registrations to see which goods they already cover.
4. Budget USPTO fees at $350 per new class, plus $150 per class for use filings later.
5. Plan labels and tags so the mark appears as a brand, not just a design.
6. Put the licensee's approvals and samples into the contract before production starts.

Frequently asked questions

Can I file one application for several classes?

Yes. A multiple-class application lists goods in several classes and pays a fee for each class, and the USPTO can issue a single registration (15 U.S.C. 1112; TMEP 1403).

What is the ID Manual?

It is the USPTO's searchable list of acceptable identifications of goods and services with their classes. Choosing entries from it avoids the free-form text fee.

Does my registration stop others from selling shirts with my name?

Infringement turns on likelihood of confusion, and classes do not limit your rights (section 1112). A registration covering clothing makes the case much stronger and gives you the registration's benefits for those goods.

Can my licensee file the merch application?

No. The owner who controls quality is the only party who may apply; a licensee cannot claim ownership (TMEP 1201.03, 1201.04).

What if the examiner says my logo is just decoration?

Options include showing secondary source through an existing use-based registration, submitting a specimen where the mark appears as a label or tag, or showing acquired distinctiveness. The TMEP says five years of use alone usually is not enough for ornamental matter.

Do I need a Georgia registration for merchandise?

A Georgia registration requires use in Georgia and gives rights under Georgia law only. Our page comparing common law, Georgia and federal trademark protection explains which fits a business selling online or out of state.

Zala IP Law files trademark applications for creators and brands and drafts merchandise and collaboration licenses, and Shreepal J. Zala practices federal intellectual property law nationally. If a merch launch is coming, request a consultation or call 404-313-1701.