Trademark Class 3: Beauty and Cleaning Products

There are 45 classes of trademarks. Each class has its own registration process. In this article, we will explore Class 3 Trademarks and understand what class is commonly used for trademarks.

The International (Nice) Classification of Goods and Services has categorized various services and items into 45 trademark classes, with 1 to 34 covering goods and 35 to 45 covering services. This classification is used by the Indian Trademark Registry as well to categorize trademarks.

Trademark Class 3 is one of 45 trademark classes used by the United States Patent and Trademark Office (USPTO) to categorize items or services.

Cleaning and cosmetics preparations, substances used in laundry and bleaching preparations, polish, abrasive and scouring preparations, soaps, dentifrices, perfumery, cosmetics, essential oils, and hair lotions are all included in Trademark Class 3. 

Commonly Registered Goods in Trademark Class 3

• Deodorants for humans or animal use
• Room fragrance preparations
• Sanitary preparations under the category of toiletries.

Trademark Class 3 Not Used If You are Registering

• Chemical chimney cleaners
• Preparations used for degreasing in manufacturing processes
• Deodorants intended for purposes other than humans or animal use
• Sharpening stones and grindstones 

Coordinated-Classes of Trademark Class 3

• Trademark Class 5: Pertaining to pharmaceutical products
• Trademark Class 21: Designated for household utensils
• Trademark Class 35: Covers services associated with advertisement and business
• Trademark Class 42: Aligned with services in the field of science and technology
• Trademark Class 44: Associated with services in the medical and veterinary domain

Trademark registration is built on a Trademark Class 3 system.  A coordinated Trademark Class 3is related to another class. The USPTO has mandated that while filing for a trademark under one class, the applicants need to file under the coordinated classes as well. 

For each Trademark Class 3 of goods or services under which an applicant files, a separate registration fee must be paid. Moreover, the correct Trademark Class 3 should be indicated while applying for a trademark, because if the class is incorrectly mentioned then the application process starts all over again.

Acceptable Specimens for Trademark Class 3

If your Trademark Class 3 is being utilised in commerce, you must display a specimen of the mark in your application as it appears to your customers. A trademark specimen may be a tag or label of your goods or a display that is associated with your goods. It is tangible evidence of how you are employing your trademark in the marketplace with the goods or services listed in your application. Moreover, it is basically what customers see while deciding whether to buy the goods or services associated with your trademark.

The specimen must show the mark as it is used on or in connection with the goods in commerce. Even a copy or any other reproduction of the mark as it is used on or in connection with the goods is acceptable.

In most cases, a label is considered an acceptable specimen, as it is applied directly on the goods or the containers for the goods. 

A specimen illustrating the use of the trademark on a vehicle in which the goods are being marketed to the relevant customers is also admissible if it is the typical mode of use of a mark, for that particular product.

A mailing or shipping label may also be accepted if proper usage is shown and if it is attached to the goods or on the container for the goods. However, it is not acceptable if the mark is merely a trading name and not a trademark: https://ipindia.gov.in/

List of Products Classified Under Trademark Class 3

Trademark Class 3 are primarily concerned with a wide range of cosmetic, beauty and cleaning preparations. The section that follows is exclusively dedicated to all those items and preparations under Trademark Class 3.

Toiletries

Adhesive for cosmetic use Adhesives for attaching false hair Products made from aloe Vera for cosmetic purposes Balms not intended for medical purposes Cosmetic kits Cosmetic preparations used for slimming purposes Cotton wool used for cosmetic purposes Adhesives for fixing false eyelashes Cosmetic creams False eyelashes/nails Cosmetics Greases used for cosmetic purposes Henna [or cosmetic dye] Massage gels other not intended 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 Mouthwashes not intended for medical purposes.

Perfumery and Fragrances

Amber [perfume] Eeau de Cologne Extracts of flowers [perfumes] Bases for flower perfumes Fumigation preparations [perfumes] Heliotropine Ionone [perfumery] Lavender water Mint for perfumery Musk [perfumery] Perfumery Perfumes Scented water Toilet water Scented water

Makeup

Cosmetics used for eyebrows Eyebrow pencils Mascara Cosmetic preparations used for eyelashes Make-up preparations Make-up powder Lipsticks Nail care preparations Make-up removing preparations Nail varnish/ polish Nail art stickers Cosmetic pencils 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 intended 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 used for cosmetic purposes Petroleum jelly used for cosmetic purposes Skin whitening creams/cream  Cosmetic preparations used for skincare Sun-tanning preparations (cosmetics) Sunscreen preparations Talcum powder toilet use and whiting.

Hair Care Preparations and Treatments

Beard Dye 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 Care Preparations and Treatments

Alum Stones (Astringents) After-Shave Lotions Depilatory Preparations/Depilatories Shaving Preparations Pastes used for razor strops Shaving Soap Shaving Stones([Astringents) Depilatory Wax.

Animal Grooming Preparations

Deodorants for pets Cosmetics for animal use Pet Shampoo

Essential Oils and Aromatic Extracts

Aromatics (Essential Oils) Almond Oil Badian Essence Bergamot Oil Flavourings used for beverages (Essential Oils)/ Beverage Flavouring  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 Toilet Purposes Oils used for Perfumes and Scents Rose Oil Oils used for Cosmetic Purposes 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 Colourants 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 Hypochlorite, Lacquer-Removing Preparations Non-Slipping Wax used for floors Non-Slipping Liquids used for floors Polishing Creams 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 Wax Polishing Rouge/Jewellers’ Rouge Preparations that are used to remove rust Polishing Preparations 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 and Laundry Preparation

Windscreen cleaning liquids Bleaching salts Bleaching soda Colour-brightening chemicals used for household purposes (laundry)/colour-brightening chemicals used for household purposes Fabric softeners Laundry bleach/laundry bleaching preparations Laundry wax All laundry soaking preparations Laundry blueing Qualia bark used for washing Laundry glaze Smoothing preparations (starching) Soap used for brightening the textile The starch glaze used for laundry purposes Starch used for laundry purposes Washing soda used for cleaning.

Leather & Shoe Cleaning and Polishing Preparations

Creams used for leather Waxes used for leather Leather bleaching preparations Shoe cream Leather preservatives (polishes) Shoe polish 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 Tailor’s wax

Navigating the Trademark Registration Process

For businesses operating in the realm of cosmetics and cleaning substances, securing trademark protection is essential for safeguarding brand identity and preventing unauthorized use of intellectual property. When embarking on the trademark registration journey, here are some key steps to keep in mind:

1. Conduct a Comprehensive Trademark Search: Before filing a trademark application, conduct a thorough search to ensure that your proposed trademark is unique and not already in use by another entity. This step helps minimize the risk of conflicts and potential objections during the registration process.
2. Specify Goods and Services: When filing your trademark application, clearly specify the goods and services associated with your trademark, ensuring alignment with the descriptions provided in Trademark Class 3. Providing accurate and detailed descriptions helps streamline the registration process and avoids potential discrepancies.
3. Seek Professional Guidance: Navigating the complexities of trademark law can be daunting, especially for businesses entering the cosmetics and cleaning substances market. Consider seeking guidance from a qualified trademark attorney or agent who can provide expert advice and assistance throughout the registration process.

How to Register a Trademark Class 3?

To register a Trademark Class 3, which encompasses cleaning and toilet preparations like soaps, perfumes, and cosmetics, follow these steps:

Conduct a Thorough Trademark Search:

• Utilise online databases for trademark searches in India to ensure your desired mark is unique and does not conflict with existing ones.

File an Application with the Trademark Registrar:

• Submit your trademark registration application online or offline, providing essential details such as logo, name, address, class (Trademark Class 3), description, etc.
• Pay the prescribed fee for each class of goods or services associated with your mark.

Wait for Examination by the Trademark Officer:

• Your application undergoes examination by the Trademark Officer, who assesses its correctness and validity.
• The officer may accept, reject, or issue an examination report with objections or conditions.

Respond to the Examination Report:

• Address any concerns raised in the examination report within the specified time limit to prevent the abandonment of your application.

Advertisement in the Trademark Journal:

• If your application is accepted, it is advertised in the Trademark Journal, serving as public notice of your claim to the mark.
• Third parties have four months to oppose your registration; if no opposition arises or is resolved in your favour, the mark proceeds to registration.

Receipt of Certificate of Registration:

• Once registered, you receive a certificate from the Trademark Registrar.
• Display the ® symbol next to your mark, indicating your exclusive rights.

Renewal of Registration:

• Maintain your rights by renewing your registration every 10 years.

What Are the Benefits of Registering a Trademark Class 3?

Securing a Trademark Class 3 offers a myriad of advantages:

• Legal Protection: By registering your Trademark Class 3, you gain legal protection against unauthorised use or infringement. This ensures that your brand identity remains exclusively associated with your products within the specified class.
• Enhanced Brand Recognition: A registered trademark aids in building and solidifying brand recognition. Consumers are more likely to trust and choose products that bear a registered trademark, fostering a positive association with your brand.
• Value Addition: A registered Trademark Class 3 adds substantial value to your business. This not only safeguards your intellectual property but also enhances your company’s overall worth. Investors, partners, and potential buyers are more inclined to engage with businesses that have secured trademarks, reflecting a commitment to brand integrity.
• Marketplace Distinction: Registration in Trademark Class 3 establishes a clear distinction for your products in the marketplace. It helps in setting your offerings apart from competitors, contributing to a stronger market presence and customer loyalty.
• Licensing Opportunities: Owning a Trademark Class 3 opens doors to licensing opportunities. Other businesses may seek permission to use your brand in association with complementary products, creating additional revenue streams for your enterprise.

The Importance of Choosing the Right Trademark Classes

Selecting the appropriate trademark classes holds paramount significance in safeguarding your brand and preventing legal conflicts. Trademark classes serve as delineations for the goods and services under which your trademark is registered, delineating the extent of your rights. Precise classification is crucial to avert confusion with similar trademarks in different classes.

For instance, registering ‘Apple’ under class 9 shields it in the realm of computers and software, avoiding conflict with the ‘Apple’ trademark registered under class 31, covering fresh fruits and vegetables. However, a misstep, such as registering ‘Apple’ under class 35 for advertising and business management, may invite opposition from another ‘Apple’ trademark owner in the same class.

Choosing the right trademark classes necessitates a thorough understanding of your goods and services, contemplating both present and future business trajectories. A misalignment may result in wasted resources, legal entanglements, and potential challenges. To navigate this intricacy, seeking counsel from a professional trademark attorney is indispensable. Their expertise ensures a strategic approach to your trademark registration, minimising risks and optimising protection for your brand. In essence, the right trademark classes are not just a bureaucratic formality but a pivotal strategy for securing the integrity and longevity of your brand identity.

Vakilsearch offer’s world-class trademark registration services. When you trademark with us you trademark with ease. Partner with our experts at Vakilsearch and get your Trademark Class 3 registered in no time!

FAQs

What is Class 5 in trademark India?

Trademark Class 5 covers pharmaceutical and veterinary preparations, sanitary preparations for medical purposes, dietetic food and substances designed for medical or veterinary use, baby food, dietary supplements for humans and animals, plasters, materials for dressings, dental wax, disinfectants, preparations for vermin destruction, as well as fungicides and herbicides.

What is Class 4 in trademark india?

Trademark Class 4 encompasses industrial oils and greases, lubricants, compositions for dust absorption, wetting, and binding, fuels (including motor spirit) and illuminants. It also includes candles and wicks.

What is Class 2 in trademark india?

Trademark Class 2 is associated with paints, varnishes, lacquers, preservatives against rust and wood deterioration, colourants, mordants, raw natural resins, and metals in foil and powder form for applications in painting, decorating, printing, and art.

What is Class 7 in trademark india?

Trademark Class 7 pertains to machines and machine tools, motors and engines (excluding land vehicles), components for machine coupling and transmission (excluding land vehicles), agricultural implements other than hand-operated, and incubators for eggs.

What is Class 6 trademark india?

Trademark Class 6 covers common metals and their alloys, metal building materials, transportable buildings made of metal, materials of metal for railway tracks, non-electric cables, and wires of common metal. It also includes ironmongery, small items of metal hardware, pipes, and similar items.

What is Class 9 trademark india?

Trademark Class 9 pertains to scientific, nautical, surveying, electric, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving, and teaching apparatus and instruments.

Read more:-

• Trademark For Products and Services
• Trademark Class 9 Importance
• Where Can I do Trademark Search?