The United States Patent and Trademark Office (USPTO) divides trademarks into 45 internationally recognized classes. Each class represents a specific category of goods or services. In this article we will consider class 3 trademarks.
You apply for a trademark to legally register your company’s phrase, design, or symbol. A trademark protects your company’s identifying marks so that no other company can use them. The trademark rights you register for are limited to the industry you register in.
Why Are There Trademark Classes?
There are thousands of registered trademarks, and companies submit new trademark applications every day. As a practical matter, the different classes allow more than one company to use the same name, as long as they are not in the same class.
For example, the name “Thrifty” can refer to a rental car company or a grocery store. Both names can be trademarked because they aren’t in the same industry or class, and therefore won’t be in competition with each other.
When you apply for a trademark, you’ll be required to specify which class or classes your company belongs in. You’ll be asked to describe your company’s product or service to be sure you are filing in the right class.
The Class 3 Trademark
Class 3 trademarks include all soaps and personal hygiene items.
Personal items like perfumes, cosmetics, hair products, and shaving products are also included in this category. The Class 3 trademark category covers detergent, bleaches, and abrasives for household cleaning and polishing. Even pet shampoo is included under trademark class 3.
Toiletries and oral hygiene
This would include any product that is classified as primarily cosmetic, and not for medical treatment. Toothpaste and mouthwash land in this category. Also, any creams or lotions that you put on your face or body (even if it’s “slimming” or “tanning” cream.)
False nails or eyelashes and their adhesives are also class 3 items. Even cotton swabs and rounds are in this category, if they are meant to be used for cosmetic purposes. Class 3 also includes all deodorants and shaving/waxing products.
Eye, eyebrow, eyelid, cheek, skin, and lip color are all class 3 items. Any make-up foundation or primer, along with nail polish or nail décor are also included in this class.
Class 3 trademarks include all perfumes and colognes. This includes:
- Any item specifically for body fragrance
- Room fragrances
- Essential oils
A Class 3 trademark includes any face, body soap, or deodorant soap. Even if the soap is medicated, or for a certain area (like feet), it is still in class 3. Bath salts or crystals are also in this category.
Hair care includes any type of shampoo or conditioner, but it also includes the plethora of other products that are put in hair, including hair spray, hair gel and hair relaxers. All dyes, bleaches, and coloring treatments are in this class as well. This category also includes products for facial hair, such as mustache wax.
This would include only cosmetic treatments for pets, such as dog shampoo and pet deodorant.
This large category includes every kind of soap, bleach, ammonia, or detergent that you would use to clean something around the house.
- Household cleaning – De-greasing, stripping, waxing, polishing—you name it. All household cleaning products go here.
- Vehicle cleaning – Includes windshield washer fluid.
- Laundry detergent
- Leather cleaning – Preservatives, polishes and creams for all leather products.
This category also includes abrasive or polishing agents used for personal care. Emory paper and cloth, sandpaper for nail care, and polishing stones are in class 3.
Related Products That Do Not Fall Under Class 3
If you’re not sure if your product falls under the class 3 trademark category, consider these classes that are closely related:
- Class 1 – Chemicals: This class refers to chemicals used in industry. These are cleaning products, preservatives, or adhesives that go beyond household use.
- Class 5 – Pharmaceuticals: if a personal product is mainly for a medical purpose, it belongs in this category.
- Class 21 – Household utensils: some products are useful for cleaning, but do not actually clean. A good example is an empty spray bottle. This would be under the household utensil class.
- Class 44 – Medical and vet services: This is only for medical analysis and treatment of people or animals, not for personal hygiene.
Class 3 includes any personal hygiene or cosmetic product for pets or people, as well as household cleaning products.
When you file for a trademark, it’s important that you file under the correct class, so that the USPTO doesn’t reject your application. If your product or service includes more than one class, you may file under multiple classes, but you will have to pay the filing fee for each class.
An experienced trademark attorney can help you understand the trademark classes, and choose which class your product or service should be in. A lawyer can also make sure you are not infringing on any other trademark before you go through the application process.