Trademark Class 3 consists of cosmetics and cleaning preparations such as soaps, perfumes, hair oils, laundry detergent, toothpaste and other products.
Trademark Classes Background
When a trademark owner applies for a trademark registration with the United States Patent and Trademark Office (USPTO) they are required to identify what goods and/or services they use the mark in connection with and apply specifically for those products.
Additionally, trademark owners must correctly identify what trademark class their goods and/or services fall under. For example, when the famous brand CHANEL applied for a trademark registration for perfume, they identified perfume as the product they use the famous CHANEL trademark with, and classified it as a Class 3 product.
There are a total of forty-five trademark classes that most countries agreed to under the Nice Agreement. The best way for trademark owners and their attorneys to determine what Trademark Class their goods or services belong under is to view the Trademark Identification Manual online at the USPTO website.
Trademark applications can be in one Trademark Class or in multiple Trademark Classes of goods and services. For each Trademark Class of goods or services applied for in a trademark application requires an additional USPTO fee.
Lastly, it is important to use the correct class for the goods and services listed in a trademark application. If the goods or services identified are not in the proper Trademark Class, the Examining Attorney will issue an Office Action. The Office Action, at the very least, will cause a delay in the application process, can add increased attorney fees, and ultimately may result in the application being denied completely.
Trademark Class 3 - Cosmetics, Personal Hygiene Products & Perfumes
Trademark Class 3 is best known for being the home to cosmetics, perfumes and all personal hygiene products. Hygiene products span a wide range of items that are included in Class 3 including deodorant, toothpaste and more. Below we breakdown products within Class 3 into more digestible subcategories.
Oral Hygiene: toothpaste, mouthwash (*Note: dental floss is in Class 21)
Lotions: face creams, body creams, tanning creams, hand creams, cosmetic masks, sunscreens, facial masks
Soaps: face wash, body wash, soap, hand soap, medicated soap, soaps for particular body parts, bath salts and crystals
Makeup: lipstick, mascara, eye makeup, foundation, primer, nail polish, and related makeup products
Perfumes: perfumes, colognes, body fragrances, essential oils, room fragrances
Hair Care: shampoos, conditioners, hair spray, hair gel, hair paste, bleaches, coloring, dyes, facial hair waxes and dyes
Pet Care: pet shampoo, pet soap, pet body wash, pet deodorant, pet cosmetics
Cleaning Products: household cleaning products, mop soap, window cleaner, laundry detergent, bleach for laundry, fabric softener, stain remover
Trademark Class 3 Specimens & Examples
In order for a trademark owner to obtain a trademark registration from the USPTO, they must submit an acceptable trademark specimen. Acceptable trademark specimens must show the trademark used in connection with the goods or services applied for in the application.
For physical goods and products, such as Class 3 goods, there are many different items that can be used as trademark specimens that will be accepted by the USPTO’s Examining Attorney. In Class 3, acceptable trademark specimens include trademarks shown on hangtags or product packaging, the trademark prominently displayed at a point of purchase display in a store, on an eccommerce website showing the trademark and product in close proximity to a checkout button, or the trademark on the physical product itself.
Something that often confuses trademark owners is the belief they need to send in the physical specimen to the USPTO, such as mailing in an actual hangtag. However, all that trademark owners need to do is upload an image of the specimen to the USPTO website during the trademark application process.
This screenshot would be an acceptable specimen for CHANEL in connection with perfume because it shows the product, perfume, and the trademark, CHANEL, on the product (and on the webpage) in close proximity to the ADD TO BAG button
If you have any questions about what is an acceptable trademark specimen in Class 3, do not hesitate to Contact Us today.
Class 1: chemicals used in cleaning products
Class 5: pharmaceutical cosmetic products that are mainly for a medical purpose
Class 21: dental floss
Class 35: retail and online stores that sell Class 3 products
Do you have any questions about Class 3 or what trademark class your goods or services fall under? Contact us today for a Free Trademark Consultation and one of our attorneys will contact you within twenty-four hours.