Trademark Class 3: Cosmetics and Cleaning Substances

trademark objection

Trademark Class 3 is for registering perfumery, soaps, dentifrices, essential oils, cosmetics, and hair lotions.

Class 3 mainly includes cleaning and cosmetics preparations, substances used for laundry and bleaching preparations ;polishing, cleaning, abrasive and scouring preparations; soaps; dentifrices; perfumery, cosmetics essential oils, and hair lotions. Class 3 is one of 45 trademarks classes which is used by the U.S. Patent and Trademark Office (USPTO) when grouping of products or services.

Different services and goods have been classified by the International (Nice) Classification of Goods and Services into 45 Trademark Classes, 1 to 34 cover goods, and 35 to 45 services. The Indian Trademark Registry uses these to classify the trademarks.

When registering for any of these types of goods you have to choose Class 3:

Deodorants used for humans or for animals;
Room fragrance preparations;
And sanitary preparations being toiletries.

Class 3 is NOT used if you are registering:

Chemical chimney cleaners
Preparations used for degreasing in manufacturing processes
Deodorants other than for which are used for humans or for animals
Sharpening grindstones and stones
Related (Coordinated) Classes

Co-ordinated Classes

If you are unsure about registering in Class 3, you may also consider the following coordinated classes:
Class 5 – Pharmaceuticals, Class 21 – Household Utensils, Class 35 – Advertising and Business Services, Class 42 – Science and Technology Services, Class 44 – Medical and Vet Services. A coordinated class is one which is related to another class, this is because the USPTO has determined that applicants filing within Class 3 often need to file in the coordinated classes, as well.

The trademark registration is built on a class system. For each class of goods or services that is registered, a separate registration fee is payed.

The correct class should be indicated at the time of applying for a trademark registration, because if the class is found incorrect then the application process starts all over again.

Specimens for Class 3

If the mark is being used in commerce, then you must furnish a specimen of this mark as consumers see it .It is necessary for the specimen to show the mark as used on or in connection with the goods in commerce. A trademark specimen should be a tag, label, or container for the goods, or a display which is associated with the goods. A copy or any other reproduction of a specimen of the mark as used on or in connection with the goods is acceptable.

In most cases, the label is an acceptable specimen, if the trademark is applied to the goods or the containers for the goods in Class 3 by means of labels.

Mailing or shipping labels may be accepted if proper usage is shown and if they are fixed to the goods or to the containers for the goods .It is not acceptable if the mark shown is just used as a trade name and not a trademark.

The proper method of trademark affixation is to stamp a trademark on the goods, the container, or on the labels or tags attached to the goods or containers.

A lawyer with 14 years' experience, Vikram has worked with several well-known corporate law firms before joining Vakilsearch.