Trademark Class 23: Yarns and Threads for Textile Use

Trademarks are unique identifiers (words, logos, symbols, or their combinations) that identify the goods or services of one company and differentiate them from another. The trade marks protection in India is provided by Trade Marks Act, 1999 and India practices the international Nice Classification system [administered by WIPO] that organizes goods and services into classes. Under the Nice classification, goods and services are separated into 45 classes (1–34 goods, 35–45 services). It is to be noted that the “Indian trademark classes” now corresponds to the Nice Class headings because India formally adopted the Nice Agreement in 2019. This means that while applying for Trademarks Registration in India, you have to choose the correct class which covers your goods. In case of anything related to textile, one should see the class 23.
Class 23: Yarns and Threads. Class 23 is defined in the official Indian classification as Yarns and threads, for textile use.. In other words Class 23 includes marks for use on sewing & knitting threads, embroidery yarns, wool, cotton yarns and other textile fibres and yarns. Class 23 WIPO explains that “Class 23 includes chiefly yarn and threads for textile use whether natural or synthetic” such as fibreglass, elastic, rubber, and plastic fibers for textile use; darning and sewing threads (including metal threads); spun silk, spun cotton, spun wool, etc. In practical terms this means that cotton, wool, silk, rayon or polyester threads and yarn all fall in class 23. In contrast, a thread directed to a purpose other than textile or a special category of textile thread (e.g., surgical thread (Cl. Date: 15 Dec 2010, metal xas 11), metallic jewelry (Cl. 14) or industrial elastic threads: Cl. 17)—are specifically excluded.) Figure: colorful skeins of yarn.
What Goods Are in Class 23?
Yarns and threads for textiles are limited to Class 23. It covers all types of goods: sewing and knitting threads, embroidery yarns, woven or spun fibres, etc.; typical examples are cotton sewing thread, wool knitting yarn, silk embroidery floss, nylon or polyester weaving yarn, elastic thread for textiles, even technical threads (fire-resistant or waterproof sewing thread). Class 23 also encompasses specialty yarns—as well as chenille yarn, jute thread, rayon yarn, coir yarn, hemp yarn and linen thread. The main thing is that these are textile fibres — natural or synthetic, raw or semi-processed.
The followings is a list of Class 23, types of goods and goods of the Class 23: This table helps determine if product is in Class 23.
LIST
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chenille yarn
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coir thread and yarn
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cotton thread and yarn
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darning thread and yarn
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elastic thread and yarn for textile use
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embroidery thread and yarn
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fibreglass thread for textile use / fiberglass thread for textile use
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hemp thread and yarn
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jute thread and yarn
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linen thread and yarn
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rayon thread and yarn
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rubber thread for textile use
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sewing thread and yarn
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silk thread and yarn
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spun cotton
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spun thread and yarn
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spun wool / worsted
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spun silk
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thread of metal for embroidery
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threads of plastic materials for textile use
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woollen thread and yarn
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yarn / thread
Category of Goods (Class 23) | Example Products |
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Natural Fibre Yarns & Threads | Cotton thread and yarn, wool yarn, silk thread, jute yarn/thread |
Synthetic or Blend Yarns | Polyester yarn, nylon sewing thread, rayon yarn, acrylic yarn |
Embroidery & Sewing Threads | Silk embroidery floss, metallic thread, rayon embroidery thread |
Knitting & Weaving Yarns | Wool knitting yarn, acrylic knitting yarn, alpaca yarn |
Elastic & Specialty Threads | Elastic sewing thread, elastic yarn, glow-in-the-dark yarn, rubber textile thread |
Industrial Textile Threads | Fibreglass thread for textiles, fire-resistant thread, high-tenacity thread |
Miscellaneous Textile Threads | Chenille yarn, coir yarn/thread, spun cotton, spun silk, spun wool |
When preparing a trademark application, it’s important to describe the goods specifically. Simply listing “yarns” or “threads” may be too vague. Instead, applicants often specify the materials or intended use (e.g. “cotton sewing thread” or “wool knitting yarn”) to clearly fit within Class 23. Because the Nice Classification (and India’s adopted list) is very detailed, one can refer to the official WIPO list for Class 23 goods. The WIPO/Nice list even enumerates many specific items (see left column above), but the general rule is: any thread or yarn that goes into textile fabric, clothing, accessories, or related products is in Class 23. If in doubt, using descriptive terms that match the Nice list will help ensure the mark is classified correctly.
Why Class 23 Trademarks Are Important For Your Textile Business
Many a time a strong brand counts as a crucial asset in Indian textile, apparel and fashion supply chains. When a trademark in Class 23 is registered, the owner has the right to keep other individuals from using it on yarn and thread products, and from using it on products that are similar to that of the brand. This serves several critical purposes. First, it prevents customer confusion. In the world of yarn and thread, there are a lot of brands, and some products can seem the same. By claiming a distinctive mark, a company makes sure that its customers can recognize the company’s lines of products (such as a particular logo imprinted on a skein of knitting yarn). Indeed, as legal commentators explain, a Class 23 word mark “helps to avoid brand confusion within a cluttered market where numerous thread brands adopt similar verbiage.” Second, registration is a disincentive to counterfeiting and infringement. Imitation Fabric And Copies The textile industry frequently encounters copies of imitations. A registered mark allows the rightsholder to legally stop others from attaching its name or logo to inferior threads. Third, a trademark creates would like to be brand recognition and consumer confidence. There are certain sewing or knitting thread brands that craftspeople and manufacturers connect with quality or consistent color. A brand builds and solidifies that reputation over time. Last, but not least, your trademark enables your business to grow. Should a yarn company ultimately expand into associated items (fabrics, garments, craft kits), the original Class 23 trademark allows the brand to be extended or licensed in a straightforward manner.
Example: A well-known Indian yarn brand “Birla Century” has a registered Class 23 trademark (device mark) covering “Yarn and Threads of All Kinds”. This registration secures the Birla brand for cotton, wool and synthetic yarns, helping customers recognize those yarns as coming from the Birla Century company. Global examples also illustrate this. For instance, Coats & Clark® (a U.S. sewing thread maker) has Class 23 registrations for its sewing threads and embroidery threads. Similarly, DMC® (a famous embroidery floss brand) and Gutermann® (a German sewing-thread company) have Class 23 registrations covering their cotton embroidery threads and industrial sewing threads, respectively. These examples show that major textile and thread producers protect their brand by registering it in Class 23. Registering early is wise: it locks in brand rights and deters competitors from adopting a confusingly similar name.
Step-by-Step: How to Register a Class 23 Trademark in India
(1) Conduct a Trademark Search: Before filing, it’s strongly recommended to search existing trademarks (via the Indian Trademark registry’s online database, TM-Search) to see if any similar marks already exist for related goods. This helps avoid conflicts and refusals. Look specifically for any registrations in Class 23 (and related classes like Class 24 for fabrics) that might be confusingly close. A thorough search can save time and cost later by flagging potential objections.
(2) Prepare Application Details: Decide on the exact format of the mark (word mark, logo/device, colors, etc.) and ensure you can accurately describe it. Also compile information about the applicant (company or individual), such as name, address, and business identity. The goods must be described clearly. For Class 23, list the types of yarns/threads intended. For example, “cotton sewing thread,” “wool knitting yarn,” or “elastic thread for textiles.” Listing goods in detailed terms (rather than vague terms) aligns with the Nice classification and minimizes objections. If the applicant is a foreign company, a local address for service in India is required.
(3) File Form TM-A (New Trademark Application): Use Form TM-A under the Trade Marks Rules, 2017 to apply. Specify that this is a standard trademark (not collective or series mark) and include the class (23) and the goods description. Indicate the category of applicant (individual, company, startup, etc.) since this affects fees. Attach a clear representation of the mark (high-quality image for logos) and, if the mark is in a language other than English/Hindi, include transliterations. The form also asks whether the mark is “proposed to be used” or “in use,” and if claiming priority from an earlier application in another country. Finally, it requires a statement of truth and signature of the applicant or attorney.
You can file online via the IP India Trademark Filing Portal (https://ipindia.gov.in) or submit a physical application at one of the Trademark Registry Offices (Mumbai, Delhi, Chennai, Kolkata, Ahmedabad). Online filing is more efficient and costs slightly less. Note: the Trade Marks Act requires a Power of Attorney if filed by an agent (though it need only be signed, not notarized).
(4) Pay the Official Fee: As of recent practice, the official fee for filing one application in one class is ₹4,500 (if the applicant is an individual, MSME or startup) or ₹9,000 (for companies). This is the e-filing fee; filing physically costs slightly more (₹5,000/₹10,000 respectively). The fee must be paid through the portal at filing. (These fees are half of the old rates and were revised under the Trade Marks Rules, 2017 for small entities.)
(5) Examination by the Trademark Office: Within a few months of filing (typically 3–6 months, depending on backlog), the Registrar of Trademarks will conduct a formal and substantive examination of the application. The examiner checks for any absolute or relative grounds of refusal, including similarity to earlier marks, descriptiveness, or lack of distinctiveness. If there are no issues, the examiner may accept the application immediately for publication. However, if any objection arises, the office issues an Examination Report (Office Action) detailing the objections. The applicant then has one month to file a reply (though a 30-day extension is available with a fee). The response should address each objection (for example, disclaiming an unregistrable part of the mark, amending goods description, or arguing why the mark is distinctive).
(6) Advertisement in the Trademark Journal: Once any objections are resolved or if there were none, the trademark is accepted and published in the Official Trademark Journal (the TM Journal). Publication marks the start of the opposition period. From the publication date, there is a 4-month window during which anyone (competitors, competitors, or others) can oppose the registration.
(7) Opposition (if any): If a third party believes the mark is too similar to theirs or conflicts with their rights, they can file a notice of opposition within the 4-month period. The opposition process can involve written submissions, evidence, and hearings. If an opposition is raised, the Registrar will decide the dispute. If the opposition is dismissed (i.e. the mark is allowed to proceed), or if no one opposes, then the application moves forward. In a no-opposition case, the system automatically issues the registration certificate.
(8) Registration Certificate: If there are no oppositions (or if any opposition is successfully defended), the trademark is registered. The registration date is usually the filing date of the application. A certificate is issued through the automated system. The Registered Mark (™) symbol now legally distinguishes the goods. The certificate must be kept safe as proof of the owner’s rights.
Timelines and Duration: In a smooth (unopposed) case, the end-to-end process from filing to registration typically takes about 12–14 months. Some firms report registrations in 9–12 months if everything proceeds without major objections or oppositions. However, if there are objections or oppositions, the timeline can stretch out longer. Once registered, the trademark is valid for 10 years from the filing date, and can be renewed for further 10-year terms indefinitely.
Trademark Registration Process (Class 23) – Steps & Timelines
Step | Action | Approx. Timeline |
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1. Search & Classification | Conduct trademark search; identify correct Nice class (23) | Immediately (before filing) |
2. Prepare TM-A | Fill Form TM-A with applicant info, mark, Class 23 goods | Filing date (Day 0) |
3. File Application | File online at IP India (pay ₹4,500/₹9,000 fee) | Day 0 (receipt issued) |
4. Examination | Officer examines application for registrability | ~3–6 months from filing |
5. Reply to Objections | If Office Action issued, reply within 30 days | Within 30 days of report |
6. Publication | Accepted mark published in TM Journal | Immediately after acceptance |
7. Opposition Period | 4 months for oppositions | 4 months from publication |
8. Certificate Issuance | If no opposition, registration certificate issued | ~12–14 months total (no opposition) |
9. Validity & Renewal | Registered for 10 years; renew every 10 years | Renewal due before year 10 (6 months grace) |
Common Pitfalls and How to Avoid Them
General concerns of filing a Class 23 trademark application One of the most common mistakes is selecting the wrong class. Only yarns/threads (not end products) should be included. By way of example, Class 24 covers fabrics and finished textiles, while Class 25 covers garments. Any listing not in textile yarns alone can result in a rejection or a limited registration. Avoid over-inclusiveness as well: Class 23 does not cover threads for non-textile purposes (electric wires, medical sutures, etc.) and inclusion of those can trigger objections. Finally, an office objection may also be raised for vague or overly broad goods descriptions. Using yarns —- is not strong; we need (polyester yarn, acrylic knitting yarn, cotton sewing thread etc). This WIPO list for Class 23 provides guidance for specific wording.
Third, you may risk a conflict with existing marks. A name or logo that is considerably similar to an earlier Class 23 mark will be rejected if filed. Never search too thoroughly, and even think about consulting an attorney (e.g. a trademark lawyer) to interpret search results. Fourth, deadlines and formalities are missed: Respond to the Examination Report (if any) in a timely manner (within 1 month). Missing deadlines can cause abandonment. We may want to review any necessary papers (e.g. Power of Attorney) as well.
Additional mistake is no use of mark evidence. As per the law in India, 5 years of non-use is sufficient to make a registered trademark vulnerable to cancellation for non-use. Thus, owners need to intend to use the mark in commerce (for instance on product labels, packaging, websites, etc.) and maintain evidence of that use (i.e. photos, invoices). Last, do not include descriptive terms or generic terms in the mark, which may not be registrable absent some proof of attained secondary meaning. Disclaimer if word belongs to your brand name like If we have word as “Thread” or “Yarn” in our brand name.
The bottom line: Class 23 filings hinge on targeted searching and classification, accurate description of goods, and preparation in follow-up. You might try avoiding these mistakes by having an experienced trademark service (for example: kaagzaat trademark services) that drafts the application the right way.
Real-World Examples of Class 23 Trademarks
Class 23 registrations are often held by numerous textile companies and craft brands. Let us look here at some concrete examples:
Birla Century (India) – This renowned yarn manufacturer has a trademark registered under device mark “Birla Century” under Class 23 for goods, namely, yarn and threads of all kinds. According to the Indian TM registry, the mark applied in 2009 and the same has been renewed up to 2029. It offers a protective shield to the Birla brand across India for its cotton, wool and synthetic yarns.
Coats & Clark® (Worldwide) — An international threading brand for sewing, Coats & Clark has Class 23 registration protection for its needlework and sewing threads. This stops other people in India (and elsewhere) from marketing similar goods under the Coats or Clark name.
DMC® (World) – The well-known embroidery floss company “DMC” has Class 23 trademarks for its cotton embroidery threads and knitting yarns. DMC then trademark it which basically gives DMC exclusive rights to sell thread under that name.
Gutermann® – With a reputation for quality sewing threads, Gutermann uses Class 23 protection for its industrial and craft sewing threads.
As these examples indicate, both home-grown and international brands treat Class 23 with the utmost seriousness. Even the smallest of crafting businesses will benefit: for example, a start-up yarn producer, hand-knitting yarn, could claim its particular point of difference through a Class 23 registration. Overall, as a rule of thumb, if you are branding any type of yarns or threads, even if it is on a cottage industry level and even if it is at a corporate level name of trademark, you should register the trademark at least on Class 23.
Enforcement and Legal Protection After Registration
That is, when Class 23 trademark is registered, the owner can legally use the mark on yarns and threads in India, exclusively. This means you could block uses of a confusingly similar mark for those goods. Under the Trade Marks Act, 1999, infringement is established if a person uses an identical (or not wholly dissimilar) mark for any goods, and those goods are identical to similar to the goods related to the original mark, and thus there is also likely to cause confusion in the public regarding the origin of the goods. Courts then can grant remedies. That is, the owner may sue for injunction (to restrain the infringer), damages or for an account for profits made by the infringer. To illustrate, if a competitor sells sewing yarns under the captions “Birla Threadz” in a fashion similar to that of Birla Century then Birla can file a lawsuit to restrain such use. Genuine trademark rights, however, are taken seriously by Indian courts: Section 135 of the Act provides victims of infringement the right to recover not only lost profits from the infringer but also the infringer’s profits from unauthorized use.
Criminal action is also possible. The Act punishes the affixing of false trademark and use of unbearable trademark on non-genuine goods. That can result in fines and/or imprisonment. Another way in which trademark owners can make use of the border is by way of border enforcement: owners of registered trademarks can record their trademark with the Indian Customs enabling the Customs authorities to detain infringing goods being imported into India.
More than litigiousness, owners should watch the market (including digital marketplaces) for violations. One popular enforcement method is through a cease-and-desist notices issued to infringers to settle outside of court. The owner of the brand can also be able to oppose others from making new applications for confusingly similar marks. Section 29 of the Act provides a remedy for misuse of trademark by third parties (direct use upon competing goods, dilution, use in advertisement and so on.) Given limited duration, trademark owners will often engage attorneys to patrol the registry and the trade for early detection of infringers.
This is something for companies within the textile supply chain to keep an eye on. Because threads and fabrics are frequently dealt with on a global scale, infringers may likewise be local or overseas. Retaining an international viewpoint (examples include Madrid Protocol submissions, if applicable) can strengthen protection. However, there is a Class 23 trademark which is enforceable across the nation in India. If your mark is registered here, you can call upon Courts and enforcement agencies here to defend it. When you use a registered symbol (®) in commerce, you are also making a statement to others that your trademark is registered and protected.
Maintaining Your Class 23 Trademark
Renewals: A registered trademark in India is initially valid for 10 years from the date of filing. Every 10 years you can renew forever. Renewal Registration should be requested up to a year in advance; they allow late renewal (up to 6 months after expiry) with a penalty amendment fee. Renewal is filed through Form TM-R through the IP India website. Failure to renew in time may lead to the removal from the register of a trade mark but it can be resurrected by applying for its restoration within one year of the date on which it has expired, upon payment of a further payment.
Use Requirements: A trademark holder must use the mark in commerce on the goods for which it is registered. In India, If a registered trademark is not in use for a period of five years, it is possible to file a application for the removal of a trade mark for “non-use. This is known as a “non-use cancellation.” To prevent this from happening, businesses needs to make certain that the mark is being used on the yarn/thread products (such as on labels, packaging, sales invoices, or marketing materials). Even small-scale use counts. If you have not begun using your mark in commerce yet, think about launching the business, or filing a declaration of use if applicable. Documentation of use (photographs of products, bills of sale) should assist in defending against cancellation claims.
Best Practices: Always use the symbol ® after the mark is registered to to give public notice. Don’t label that brand with a ™ symbol (indicating it isn’t registered) if you’ve registered it. Also for things that could weaken the mark. For instance, the mark should not be used in a generic sense (e.g. “Klick” brand thread should not be used as Klick thread in general). If the mark is on a product label then make sure that the label is unique. For device marks, always display the logo as registered, the color being specified where color claim is present in registration. In India use of the mark in India is necessary only, domestic as well as export markets are secured when the mark is registered.
Monitoring: You should periodically check the trademark registry system for similar new applications (a trademark watch service can help) and monitor the market for copying. Monitoring can also be assisted by the use of such services as the official TM View or private search services. If you are planning to grow outside India, think about international trademark protection (under the Madrid System or national filings in the countries in which you plan to expand), but maintain the Indian registration as the home base.
Conclusion: Long-Term Benefits of Securing Class 23 Trademarks
Registering a Class 23 trademark in India is a long-term investment in a textile business’s brand identity and legal rights. The protection is perpetual (with renewals) and provides exclusive control over the brand for yarns and threads. Over time, a registered trademark becomes a valuable intangible asset – it builds customer loyalty, distinguishes products in the market, and can even be licensed or sold. It also gives businesses leverage in negotiations (for example, when dealing with manufacturers or retailers) and adds credibility in financial or partner relationships.
Securing your Class 23 mark early ensures that your brand is legally safeguarded from imitators. If competitors enter the market, you will be able to enforce your rights. By contrast, an unprotected brand can be easily usurped. The costs of registration and maintenance (especially the official fees, which are modest at ₹4,500 per class for individuals/MSMEs) are small compared to the potential losses from brand misappropriation. In essence, a Class 23 trademark translates to brand equity – it makes your products recognizable and protects the reputation you build.
For anyone in the yarn, thread, fabric or broader textile industry, navigating the trademark registration India process is crucial. Understanding the Indian trademark classes and filing requirements ensures a smooth application. If you need assistance at any stage – whether class selection, drafting your TM-A form, responding to objections, or enforcing your mark – professional help is available. For example, Kaagzaat trademark services specializes in Indian trademark law and can guide you through filing, publication, opposition, and beyond. With expert support, businesses can avoid common pitfalls and maximize the value of their Class 23 trademark.
In summary, a Class 23 trademark is more than paperwork – it’s a key to protecting your brand in the textile marketplace. By registering properly and maintaining your mark, you lock in exclusive rights that pay dividends through brand recognition, customer trust and legal security. Over the long term, this legal protection underpins sustainable growth for any yarn and thread business.
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