Class 3 includes cosmetics
and cleaning preparations, including bleaching preparations and other
substances for laundry use; cleaning, polishing, scouring and abrasive
preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; and dentifrices.
Class 3 is one of 45 classes used by the U.S. Patent and
Trademark Office (USPTO) when grouping products or services.
trademarks in Class 3 include: LISTERINE (Breath fresheners), TWIST &
SHINE (cosmetics), SHOWER GUARD (Cleaning preparations), and BIOLAGE (hair care
You would choose
Class 3 if you were registering any of these types of goods:
- deodorants for human beings or for animals;
- room fragrancing preparations;
- sanitary preparations being toiletries..
For a complete listing of all goods in Class 3, see below.
You would NOT use Class
3 if you were registering:
If you are not sure whether you should register in Class 3,
you might 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 that is related
to another class, usually because the USPTO has determined that applicants
filing within Class 3 often file in the coordinated classes, too.
Why use the class
system? Trademark registration is based on a class system. For each class
of goods or services that you register, you must pay a separate registration
fee. So if you apply for a trademark for posters (Class
16) and shirts (Class
25), you must pay two fees. You must indicate the correct class at the time
you are registering a trademark. If you list the incorrect class, you must
start the application process over. Your registrations are restricted to those
classes that encompass the goods or services you are already offering (as shown
by the specimens you submit) or that you plan to offer (if you are registering on
an intent-to-use basis). You may also need information about the class number
in order to narrow a search of the USPTO’s trademark database.
Specimens for Class 3
If the mark is used in commerce, you must furnish a specimen
of the mark as consumers see it. The specimen must show the mark as used on or
in connection with the goods in commerce.
A trademark specimen should be a label, tag, or container for the goods,
or a display associated with the goods. A photocopy or other reproduction of a
specimen of the mark as actually used on or in connection with the goods is
In most cases, where the trademark is applied to the goods
or the containers for the goods in Class 3 by means of labels, a label is an
acceptable specimen. Shipping or mailing labels may be accepted if they are
affixed to the goods or to the containers for the goods and if proper trademark
usage is shown. They are not acceptable if the mark as shown is merely used as
a trade name and not as a trademark. An
example of this is the use of the term solely as a return address.
Stamping a trademark
on the goods, on the container, or on tags or labels attached to the goods
or containers, is a proper method of trademark affixation. The trademark may be
imprinted in the body of the goods, as with metal stamping; it may be applied
by a rubber stamp; or it may be inked on by using a stencil or template. When a
trademark is used in this manner, photographs or facsimiles showing the actual
stamping or stenciling are acceptable as specimens.
The terminology “applied to the containers for the goods”
means applied to any type of commercial packaging that is normal for the
particular goods as they move in trade.
Thus, a showing of the trademark on the normal commercial package for
the particular Class 3 goods is an acceptable specimen. For example, gasoline pumps are normal
containers or “packaging” for gasoline.
A specimen showing use of the trademark on a vehicle in
which the goods are marketed to the relevant purchasers may constitute use of the
mark on a container for the goods, if this is the normal mode of use of a mark
for the particular goods
For More Information on Trademarks and Federal Registration
See Nolo’s Trademark
Center or consider Nolo’s
Online Trademark Application
Complete Listing of All Goods in Class 3 Based on Taxonomy
adhesives for affixing false hair, adhesives for cosmetic purposes, aloe
vera preparations for cosmetic purposes, balms other than for medical purposes,
cosmetic creams, cosmetic kits, cosmetic preparations for slimming purposes,
cosmetics, cotton wool for cosmetic purposes, adhesives for affixing false
eyelashes, false eyelashes, false nails, greases for cosmetic purposes, henna
[cosmetic dye], massage gels other than for medical purposes, pumice stone,
swabs [toiletries]/cotton sticks for cosmetic purposes, tissues impregnated
with cosmetic lotions, toiletries.
hygiene preparations, breath freshening sprays, breath freshening strips,
preparations for cleaning dentures, dental bleaching gels, dentifrices, denture
polishes, mouth washes, not for medical purposes.
and fragrances, amber [perfume], eau 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.
cleaning and beauty care preparations, douching preparations for personal
sanitary or deodorant purposes [toiletries].
- Make-up, eyebrow
pencils, eyebrow cosmetics, cosmetic preparations for eyelashes, lipsticks,
make-up preparations, make-up, make-up powder, make-up removing preparations,
mascara, nail varnish/nail polish, nail care preparations, nail art stickers,
cosmetic pencils, decorative transfers for cosmetic purposes.
- Soaps and
gels, almond soap, antiperspirant soap, cakes of toilet soap/cakes of soap,
deodorant soap, disinfectant soap, medicated soap, soap, soap for foot perspiration.
preparations, bath salts, not for medical purposes, cosmetic preparations
for baths, Deodorants and antiperspirants, antiperspirants [toiletries], deodorants
for human beings or for animals.
- Skin care
preparations, almond milk for cosmetic purposes, astringents for cosmetic
purposes, beauty masks, cleansing milk for toilet purposes, lip glosses,
lotions for cosmetic purposes, petroleum jelly for cosmetic purposes, skin
whitening creams/cream for whitening the skin, cosmetic preparations for skin
care, sun-tanning preparations [cosmetics], sunscreen preparations, talcum
powder, for toilet use, whiting.
preparations and treatments, beard dyes, bleaching preparations
[decolorants] for cosmetic purposes, dry shampoos, cosmetic dyes, hair lotions,
hair dyes/hair colorants, hair waving preparations/waving preparations for the
hair, hair spray, hydrogen peroxide for cosmetic purposes, moustache wax/mustache
wax, neutralizers for permanent waving, pomades for cosmetic purposes,
removal and shaving preparations, after-shave lotions, alum stones
[astringents], depilatory preparations/depilatories, pastes for razor strops,
shaving soap, shaving preparations, shaving stones [astringents], depilatory
grooming preparations, cosmetics for animals, deodorants for pets, shampoos
oils and aromatic extracts, almond oil, aromatics [essential oils], badian
essence, bergamot oil, flavorings [flavourings] for beverages [essential
oils]/flavorings for beverages [essential oils]/flavourings for beverages
[essential oils], essential oils of cedarwood, essential oils of citron,
ethereal essences, ethereal oils/essential oils, flavourings for cakes
[essential oils]/cake flavourings [essential oils], gaultheria oil, geraniol,
jasmine oil, lavender oil, essential oils of lemon, mint essence [essential
oil], oils for cosmetic purposes, oils for toilet purposes, oils for perfumes
and scents, rose oil, safrol, terpenes [essential oils].
and fragrancing preparations, ammonia [volatile alkali]
[detergent]/volatile alkali [ammonia] [detergent], antistatic preparations for
household purposes, canned pressurized air for cleaning and dusting purposes,
cleaning preparations, cleaning chalk, cloths impregnated with a detergent for
cleaning, colorants for toilet purposes, colour-removing
preparations/color-removing preparations, degreasers other than for use in
manufacturing processes, detergents
other than for use in manufacturing operations and for medical purposes,
dry-cleaning preparations, drying agents for dishwashing machines, floor wax
removers [scouring preparations], furbishing preparations, Javelle
water/potassium hypochloride, lacquer-removing preparations, non-slipping wax
for floors, non-slipping liquids for floors, oil of turpentine for degreasing,
oils for cleaning purposes, paint stripping preparations, parquet floor
wax/floor wax, preparations to make shiny the leaves of plants/preparations to
make the leaves of plants shiny, polish for furniture and flooring, polishing
preparations, polishing wax, polishing creams, polishing rouge/jewellers'
rouge, rust removing preparations, scale removing preparations for household
purposes, scouring solutions, shining preparations [polish], soda lye, stain
removers, turpentine, for degreasing, preparations for unblocking drain pipes,
varnish-removing preparations, volcanic ash for cleaning, wallpaper cleaning
preparations, Household fragrances, air
fragrancing preparations, incense, joss sticks, potpourris [fragrances],
sachets for perfuming linen, scented wood.
cleaning preparations, windscreen cleaning liquids/windshield cleaning
preparations, bleaching salts, bleaching soda, color- [colour-] brightening
chemicals for household purposes [laundry]/color-brightening chemicals for
household purposes [laundry]/colour-brightening chemicals for household
purposes [laundry], fabric softeners for laundry use, laundry bleach/laundry
bleaching preparations, laundry preparations, laundry blueing, laundry glaze,
laundry wax, laundry soaking preparations/preparations for soaking laundry,
quillaia bark for washing, smoothing preparations [starching], soap for
brightening textile, starch glaze for laundry purposes, starch for laundry
purposes/laundry starch, washing soda, for cleaning.
and shoe cleaning and polishing preparations, creams for leather/waxes for
leather, leather bleaching preparations, leather preservatives [polishes]/preservatives
for leather [polishes], shoe cream, shoe polish, shoe wax, shoemakers' wax.
abrasive paper, abrasives*, carbides
of metal [abrasives], corundum [abrasive], diamantine [abrasive], emery paper,
emery cloth, emery, glass cloth, grinding preparations/sharpening preparations,
polishing stones, polishing paper, sandcloth/abrasive cloth, sandpaper/glass
paper, silicon carbide [abrasive], smoothing stones, tripoli stone for
- Tailors' and cobblers' wax, cobblers'
wax, tailors' wax.