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. The trademark can be imprinted on the body of the goods, with metal stamping; it can be applied by a rubber stamp; or be inked on by using a stencil or template. A trademark when used in this manner, photographs or facsimiles showing actual stamping or stencilling are acceptable as specimens.

The terms “applied to the containers for the goods” means it is applied to any type of commercial packaging that is normal for that particular good as they move in trade. Therefore, a showing of trademark on the normal commercial package for the particular Class 3 goods is an acceptable specimen.

A specimen showing the use of the trademark on a vehicle in which the goods are being marketed to the relevant purchasers can constitute the use of the mark on a container for goods, if this is normal mode of use of a mark for that particular goods.

Class 3 of trademarks largely relates with the diverse cosmetic and beauty products and preparations, the cleaning products and preparations, and the hair care and aromatic products and preparations. The section below deals entirely with the extensive categories of these products and preparations

  • Toiletries, adhesive for cosmetic use, adhesives for attaching false hair,  products made from aloe Vera for cosmetic purposes, balms other than for medical purposes, cosmetic kits, cosmetic creams, cosmetic preparations used for slimming purposes, cosmetics, cotton wool used  for cosmetic purposes, adhesives for fixing false eyelashes, false eyelashes/nails, greases used for cosmetic purposes, henna   [or cosmetic dye], massage gels other than  those used for medical purposes, pumice stone, swabs [toiletries]/cotton sticks used for cosmetic purposes, tissues impregnated with cosmetic lotions, toiletries.
  • Oral hygiene preparations, breath freshening sprays, breathe freshening strips, preparations used for cleaning dentures, dental bleaching gels, denture polishes, dentifrices, mouth washes, not for medical purposes.
  • Perfumery and fragrances, eau de Cologne, extracts of flowers (perfumes),amber( perfume), bases for flower perfumes, fumigation preparations [perfumes], heliotropine, ionone (perfumery), lavender water, mint for perfumery, toilet water, scented water, musk (perfumery), perfumery, perfumes.
  • Body cleaning and beauty care preparations, douching preparations used for personal sanitary or deodorant purposes (toiletries).
  • Make-up, Cosmetics used for eyebrows, eyebrow pencils, mascara, cosmetic preparations used for eyelashes, make-up preparations, make-up powder, lipsticks, make-up removing preparations, nail varnish/ polish, nail care preparations, nail art stickers, cosmetic pencils, and decorative transfers for cosmetic purposes.
  • Soaps and gels, antiperspirant soap, cakes of toilet soap/cakes of soap, almond soap, deodorant soap, disinfectant soap, medicated soap, soap used for foot perspiration.
  • Bath preparations, bath salts, not used for medical purposes, cosmetic preparations for baths, Deodorants and antiperspirants, antiperspirants (toiletries), deodorants for animals or human beings.
  • Skin care preparations, almond milk used for cosmetic purposes, astringents used for cosmetic purposes, cleansing milk for toilet purposes, beauty mask, lip glosses, lotions uses for cosmetic purposes, petroleum jelly used for cosmetic purposes, skin whitening creams/cream used for whitening the skin, cosmetic preparations used for skin care, sun-tanning preparations (cosmetics), sunscreen preparations, talcum powder for toilet use and whiting.
  • Hair preparations and treatments, beard dyes, bleaching preparations (decolourants) used for cosmetic purposes, dry shampoos, hair lotions, hair spray, cosmetic dyes, hair dyes/hair colorants, preparations used for  hair waving, hydrogen peroxide used  for cosmetic purposes, moustache wax/moustache wax, neutralizers  used for permanent waving, pomades used for cosmetic purposes, shampoos.
  • Hair removal and shaving preparations, alum stones (astringents), after-shave lotions, depilatory preparations/depilatories, pastes used for razor strops, shaving soap, shaving preparations, shaving stones([astringents), depilatory wax.
  • Animal grooming preparations, deodorants for pets, cosmetics used for animals, shampoos for pets.
  • Essential oils and aromatic extracts, aromatics (essential oils),almond oil, badian essence, bergamot oil, flavourings for beverages (essential oils)/flavourings used for beverages, essential oils of cedar wood, essential oils of citron, ethereal essences, ethereal oils/essential oils, flavourings used for cakes (essential oils)/cake flavourings, geraniol  gaultheria oil, jasmine oil, lavender oil, essential oils of lemon, mint , oils used for cosmetic purposes, oils used for toilet purposes, oils used for perfumes and scents, rose oil, safrol, terpenes.
  • Cleaning and fragrance preparations, ammonia (volatile alkali) (detergent)volatile alkali (ammonia) (detergent), antistatic preparations used for household purposes, canned pressurized air used for cleaning and dusting purposes, cleaning chalk, cleaning preparations, cloths impregnated with a detergent  used for cleaning, colorants used  for toilet purposes, colour-removing preparations, degreasers other than for use in manufacturing processes and for medical purposes, dry-cleaning preparations, drying agents used  for dishwashing machines, floor wax removers (scouring preparations), furbishing preparations, Javelle water/potassium hypo chloride, lacquer-removing preparations, non-slipping wax used for floors, non-slipping liquids used for floors, turpentine oil for degreasing, oils used for cleaning purposes, paint stripping preparations, parquet floor wax/floor wax, preparations used to make the leaves of plants shiny, polish used for furniture and flooring, polishing preparations, polishing creams, polishing wax polishing rouge/jewellers’ rouge, preparations that are used to remove rust, scale removing preparations for household purposes, scouring solutions, shining preparations (polish), soda lye, stain removers, turpentine, for degreasing, preparations used for unblocking drain pipes, varnish-removing preparations, volcanic ash used for cleaning, wallpaper cleaning preparations, Household fragrances, air fragrance preparations, incense, potpourri(fragrance) joss sticks, potpourris , sachets used for perfuming linen, scented wood.
  • Vehicle cleaning preparations, windscreen cleaning liquids.
  • Laundry preparations, bleaching salts, bleaching soda, colour- (colour-)brightening chemicals used for household purposes (laundry)/colour-brightening chemicals used for household purposes, fabric softeners used for laundry use, laundry bleach/laundry bleaching preparations, laundry blueing, laundry glaze, laundry wax, all laundry soaking preparations, qualia bark used for washing, smoothing preparations (starching), soap used for brightening textile, starch glaze used for laundry purposes, starch used for laundry purposes, washing soda used for cleaning.
  • Leather and shoe cleaning and polishing preparations, creams used for leather/waxes used for leather, leather bleaching preparations, leather preservatives (polishes)/preservatives for leather (polishes), shoe polish, shoe cream, shoe wax, shoemakers’ wax.
  • Abraders, abrasive paper, abrasives, carbides of metal (abrasives), corundum (abrasive),emery cloth, emery paper, diamantine (abrasive), glass cloth, grinding preparations/sharpening preparations used for polishing stones, polishing paper, sand cloth/abrasive cloth, smoothening stones, sandpaper/glass paper, silicon carbide(abrasive), tripoli stone used for polishing,
  • Tailors’ and cobblers’ wax, cobblers’ wax, tailors’ wax.
A lawyer with 14 years' experience, Vikram has worked with several well-known corporate law firms before joining Vakilsearch.