If you are seeking to register a trademark, you must register your trademark with at least one Class of goods or services. Think of Classes as categories. On the application for registration, there is a section where you indicate which Class or Classes you want your trademark to be associated with. Currently, there are 45 Classes (and many subclasses in each Class). The Classes cover the production and sale of goods and also the provision of services. The first 34 Classes are for goods, and the final 11 are for services. As noted, when applying for registration, you can check off as many Classes with which you plan to use your trademark. Note that there is a separate charge for each Class chosen.
The trademark Classes are established by an international treaty called the Nice Agreement, named after the French city where the treaty was negotiated. See here. The official description under the Nice Agreement defines Class 3 as: “Non-medicated cosmetics and toiletry preparations; non-medicated dentifrices; perfumery, essential oils; bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations.”
Sometimes it can be difficult to figure out which Class is appropriate. For example, certain types of cleaners are NOT included in Class 3. Examples include various chemicals, degreasers, and other cleaners that are chemical in nature and not used for humans or animals. These are generally included in Class 1, which is for chemicals. Another example includes deodorants that are not used for humans. These are not placed in Class 3, but rather in Class 5, which covers pharmaceuticals.
Here is more detail on what is included in Class 3:
- Toiletries, hair care products, non-medical balms, and lotions, tissues for applying cosmetics
- Cosmetics, makeup, eyebrow pencils, lipsticks, lip glosses, makeup removing preparations, mascara, nail varnish, nail polish, nail art stickers, cosmetic pencils, false eyelashes, false nails, and the like
- Pumice stones, cotton balls/swabs used for cosmetic purposes, and similar
- Toothpaste, oral hygiene products, dental-related cleaning products, breath fresheners, non-medical mouthwashes
- Perfumes
- Personal body soaps (non-medical), shampoos, and the like
- Bath preparations like bath salts
- Skincare products (non-medical) like body lotions, petroleum jelly for cosmetic purposes, suntanning preparations, sunscreen creams, talcum powder, and similar
- Hair treatments product like dyes and hair bleaching products, hair removing creams, shaving lotions, aftershave, and more
- Soaps, grooming products, fragrances, and cosmetics for animals
- Essential oils used for personal hygiene and animals
- Detergents and cleaners for household purposes like ammonia, laundry soap, floor cleaners, dishwasher soaps, paint strippers, furniture polish, and more
- Fragrances for household purposes like air fresheners, incense, potpourri, and the like
- Vehicle cleaning products like windshield washing fluid, car wax, tire cleaners, and more
Some famous trademarks that are associated with Class 3 are TIDE detergent which is owned by Procter & Gamble. Other examples include LISTERINE and MAYBELLINE.
Contact the Trademark Attorneys at Revision Legal For more information, contact the experienced Trademark Lawyers at Revision Legal. You can contact us through the form on this page or call (855) 473-8474.
