The U.S. Patent and Trademark Office (PTO), the federal agency that oversees the registration of federal trademarks, divides marks into 45 different "classes" of products or services. The purpose of these classes is to allow different types of businesses to register their trademarks into categories most related to their core business.
Class 3 includes cosmetics and cleaning preparations, including soaps, bleaches, substances for laundry, cleaning, polishing, scouring and abrasive liquids.
For a complete listing of all goods in Class 3, see below. For more information about trademarks and federal registration, see Nolo's articles on Trademark.
Examples of Trademarks in Class 3
Examples of Class 3 marks include LISTERINE (Breath fresheners), TWIST & SHINE (cosmetics), SHOWER GUARD (Cleaning preparations), and BIOLAGE (hair care preparations).
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, or
- sanitary preparations being toiletries.
You would not use Class 3 if you were registering:
Related or Coordinated Classes
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 PTO has determined that applicants filing within Class 3 often file in these other classes, too.
Trademark registration fees are also based on the 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 PTO's trademark database.
Supplying 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 acceptable.
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.
Complete Listing of All Goods in Class 3 Based on Taxonomy
- Toiletries, 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.
- Oral hygiene preparations, breath freshening sprays, breath freshening strips, preparations for cleaning dentures, dental bleaching gels, dentifrices, denture polishes, mouth washes, not for medical purposes.
- Perfumery 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.
- Body 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.
- Bath 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.
- Hair 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, shampoos.
- Hair 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 wax.
- Animal grooming preparations, cosmetics for animals, deodorants for pets, shampoos for pets.
- Essential 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].
- Cleaning 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.
- Vehicle cleaning preparations, windscreen cleaning liquids/windshield cleaning liquids.
- Laundry 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.
- Leather 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.
- Abraders, 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 polishing,
- Tailors' and cobblers' wax, cobblers' wax, tailors' wax.