The U.S. Patent and Trademark Office (USPTO), the agency that oversees the registration of federal trademarks, divides marks into 45 different "classes" of products or services. The purpose of these different classes is to allow many types of businesses to register their trademarks into categories most related to their core business.
Splitting trademarks into classes permits leaders to be creative in how they use their mark to describe their products or services, without worrying about infringement. For example, a medication for allergies called "Ever Clear" would not infringe on a window cleaning product with the same name, since they are in different classes.
Class 5 includes mainly pharmaceuticals and other preparations for medical or veterinary purposes. For a complete listing of all goods in Class 5, see below. For more information about trademarks and federal registration, see Nolo's articles on Trademark.
Examples of Trademarks in Class 5
Consider ARM & HAMMER (odor-neutralizing liners), STEMULITE (dietary supplement), and SUMMADEX AM (vitamin supplements), all of which are good examples of Class 5 marks.
You would choose Class 5 if you were registering any of these types of goods:
- sanitary preparations for personal hygiene, other than toiletries
- deodorants other than for human beings or for animals
- dietary supplements, intended to supplement a normal diet or to have health benefits
- meal replacements, dietetic food and beverages, adapted for medical or veterinary use, or
- cigarettes without tobacco, for medical purposes.
You would not use Class 5 if you were registering:
- sanitary preparations being toiletries (Class 3 - Cosmetics and Cleaning Substances)
- deodorants for human beings or for animals (Class 3 - Cosmetics and Cleaning Substances)
- supportive bandages (Class 10 - Medical Supplies), or
- meal replacements, dietetic food and beverages not for medical or veterinary use (Class 29 - Meat, Fish, Poultry, Class 30 - Coffee, Flour, Bread, Candy, and Rice Products, Class 31 - Grains, Agriculture, Class 32 - Beers and Beverages, Class 33 - Alcoholic Beverages).
Related or Coordinated Trademark Classes
If you are not sure whether you should register in Class 5, you might also consider the following "coordinated" classes: Class 1 - Chemicals, Class 3 - Cosmetics and Cleaning Substances, Class 10 - Medical Supplies, 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 5 often file in these other classes, too.
Remember, trademark class registration is not without cost. It 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 registering on an intent-to-use basis). You might also need information about the class number in order to narrow a search of the USPTO's trademark database.
Furnishing Specimens for Class 5
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 5 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 5 goods is an acceptable specimen. 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 5 Based on Taxonomy
- Dietary supplements and dietetic preparations, albumin dietary supplements, albuminous foodstuffs for medical purposes, albuminous preparations for medical purposes, alginate dietary supplements, appetite suppressants for medical purposes, asthmatic tea, by-products of the processing of cereals for dietetic or medical purposes, casein dietary supplements, cod liver oil, diabetic bread adapted for medical use, diastase for medical purposes, dietetic beverages adapted for medical purposes, dietetic foods adapted for medical purposes, dietetic substances adapted for medical use, enzyme dietary supplements, dietary fibre/dietary fiber, fish meal for pharmaceutical purposes, glucose dietary supplements, Irish moss for medical purposes, lecithin dietary supplements, linseed dietary supplements/flaxseed dietary supplements, linseed oil dietary supplements/flaxseed oil dietary supplements, medicinal drinks, mineral food supplements, nutritional supplements, pollen dietary supplements, propolis dietary supplements, protein dietary supplements, protein supplements for animals, royal jelly dietary supplements, vitamin preparations, wheat germ dietary supplements, yeast dietary supplements.
- Food for babies, food for babies, lacteal flour for babies.
- Dietary supplements for animals, dietary supplements for animals.
- Dental preparations and articles, adhesives for dentures, alloys of precious metals for dental purposes, dental abrasives, dental amalgams, dental cements, dental impression materials, dental lacquer, dental mastics, dental amalgams of gold, moulding wax for dentists/molding wax for dentists, mouthwashes for medical purposes, porcelain for dental prostheses, rubber for dental purposes, teeth filling material, preparations to facilitate teething.
- Hygiene preparations and articles, collyrium, contact lens cleaning preparations, diapers for pets, eye-washes, iodoform, personal sexual lubricants, solutions for contact lenses/solutions for use with contact lenses.
- Disinfectants and antiseptics, alcohol for pharmaceutical purposes, antiseptic cotton, antiseptics, disinfectants for chemical toilets, disinfectants for hygiene purposes, germicides, medicinal alcohol, soil-sterilizing preparations, sterilizing preparations, sulphur sticks [disinfectants].
- Deodorizers and air purifiers, air purifying preparations, air deodorizing preparations, deodorants for clothing and textiles, deodorants, other than for human beings or for animals.
- Absorbent articles for personal hygiene, breast-nursing pads, Feminine hygiene products, belts for sanitary napkins [towels], menstruation bandages/sanitary pads, panty liners [sanitary], sanitary panties/menstruation knickers/sanitary pants/sanitary knickers, sanitary towels/sanitary napkins, sanitary tampons/menstruation tampons, vaginal washes.
- Nappies for babies and incontinents, babies' napkin-pants [diaper-pants]/babies' diaper-pants/babies' napkin-pants, diapers [babies' napkins]/babies' napkins [diapers], napkins for incontinents, pants, absorbent, for incontinents.
- Pest control preparations and articles, acaricides, algicides, antiparasitic collars for animals, bacterial poisons, biocides, carbolineum [parasiticide], cedar wood for use as an insect repellent, preparations for destroying dry rot fungus, fly glue/fly catching adhesives, fly catching paper, fly destroying preparations, fumigating sticks/fumigating pastilles, fungicides, herbicides/preparations for destroying noxious plants/weedkillers, insect repellent incense, insect repellents, insecticides, larvae exterminating preparations, preparations for destroying mice, chemical preparations to treat mildew, mothproofing paper/mothproof paper, mothproofing preparations, preparations for destroying noxious animals, parasiticides, pesticides, poisons, pyrethrum powder, rat poison, repellents for dogs, slug exterminating preparations, tobacco extracts [insecticides], vermifuges/anthelmintics, vermin destroying preparations, vine disease treating chemicals, chemical preparations to treat wheat blight [smut]/chemical preparations to treat wheat smut.
- Medical and veterinary preparations and articles, animal washes, anti-rheumatism bracelets, anti-rheumatism rings, bacterial preparations for medical and veterinary use, therapeutic preparations for the bath, bath preparations, medicated, bath salts for medical purposes, biological preparations for medical purposes, biological preparations for veterinary purposes, biological tissue cultures for medical purposes, biological tissue cultures for veterinary purposes, blood for medical purposes, blood plasma, bone cement for surgical and orthopaedic purposes, bracelets for medical purposes, cachets for pharmaceutical purposes, capsules for medicines, cattle washes, caustic pencils, cellulose esters for pharmaceutical purposes, cellulose ethers for pharmaceutical purposes, cement for animal hooves, chemical preparations for medical purposes, chemical preparations for veterinary purposes, collodion for pharmaceutical purposes, chemical contraceptives, cooling sprays for medical purposes, corn remedies, detergents for medical purposes, dog lotions, dog washes, douching preparations for medical purposes, enzyme preparations for medical purposes, enzyme preparations for veterinary purposes, enzymes for medical purposes, enzymes for veterinary purposes, first-aid boxes, filled, flour for pharmaceutical purposes/meal for pharmaceutical purposes, gases for medical purposes, gelatine for medical purposes, greases for medical purposes, greases for veterinary purposes, haemoglobin/hemoglobin, haemostatic pencils/hemostatic pencils, headache pencils, hydrogen peroxide for medical purposes, isotopes for medical purposes, leeches for medical purposes, lotions for veterinary purposes, medicines for veterinary purposes, milking grease, mineral water salts, mineral waters for medical purposes, medicinal mud/medicinal sediment [mud], mud for baths, oxygen baths, pearl powder for medical purposes, radioactive substances for medical purposes, radium for medical purposes, salts for mineral water baths, sea water for medicinal bathing, semen for artificial insemination, solvents for removing adhesive plasters, stem cells for medical purposes, stem cells for veterinary purposes, thermal water, tobacco-free cigarettes for medical purposes, preparations of trace elements for human and animal use, vaccines, veterinary preparations.
- Live organs and tissues for surgical purpose, scapulars for surgical purposes, surgical implants [living tissues], Diagnostic preparations, bacteriological preparations for medical and veterinary use, bouillons for bacteriological cultures/media for bacteriological cultures/bacteriological culture mediums, chemical conductors for electrocardiograph electrodes, chemical reagents for medical or veterinary purposes, cultures of microorganisms for medical and veterinary use/preparations of microorganisms for medical and veterinary use, chemical preparations for the diagnosis of pregnancy, diagnostic preparations for medical purposes, nutritive substances for microorganisms, radiological contrast substances for medical purposes, reagent paper for medical or veterinary purposes.
- Pharmaceuticals and natural remedies, acetates for pharmaceutical purposes, acids for pharmaceutical purposes, aconitine, adjuvants for medical purposes, aldehydes for pharmaceutical purposes, alginates for pharmaceutical purposes, alkaline iodides for pharmaceutical purposes, alkaloids for medical purposes, aloe vera preparations for pharmaceutical purposes, aluminium acetate for pharmaceutical purposes, amino acids for medical purposes, amino acids for veterinary purposes, anaesthetics, analgesics, angostura bark for medical purposes, anti-uric preparations, antibiotics, anticryptogamic preparations, antioxidant pills, antiparasitic preparations, appetite suppressant pills, balms for medical purposes, balsamic preparations for medical purposes, barks for pharmaceutical purposes, bicarbonate of soda for pharmaceutical purposes, bismuth preparations for pharmaceutical purposes, bismuth subnitrate for pharmaceutical purposes, bromine for pharmaceutical purposes, bronchodilating preparations, preparations for the treatment of burns, cachou for pharmaceutical purposes, preparations for callouses, calomel, camphor for medical purposes, camphor oil for medical purposes, candy for medical purposes, candy, medicated, castor oil for medical purposes, caustics for pharmaceutical purposes, charcoal for pharmaceutical purposes, chemical preparations for pharmaceutical purposes, chemico-pharmaceutical preparations, chewing gum for medical purposes, chilblain preparations, chinoline for medical purposes, chloroform, cocaine, condurango bark for medical purposes, medicines for alleviating constipation, cream of tartar for pharmaceutical purposes, creosote for pharmaceutical purposes, croton bark, curare, decoctions for pharmaceutical purposes, depuratives, digestives for pharmaceutical purposes, digitalin, dill oil for medical purposes, drugs for medical purposes, elixirs [pharmaceutical preparations], ergot for pharmaceutical purposes, esters for pharmaceutical purposes, ethers for pharmaceutical purposes, eucalyptol for pharmaceutical purposes, eucalyptus for pharmaceutical purposes, febrifuges, fennel for medical purposes, ferments for pharmaceutical purposes, flowers of sulphur for pharmaceutical purposes, formic aldehyde for pharmaceutical purposes, frostbite salve for pharmaceutical purposes, fumigation preparations for medical purposes, gallic acid for pharmaceutical purposes, gamboge for medical purposes, gentian for pharmaceutical purposes, glucose for medical purposes, glycerine for medical purposes, glycerophosphates, guaiacol for pharmaceutical purposes, gum for medical purposes, gurjun [gurjon, gurjan] balsam for medical purposes, haematogen/hematogen, haemorrhoid preparations/hemorrhoid preparations, articles for headache, herbal teas for medicinal purposes, extracts of hops for pharmaceutical purposes, hormones for medical purposes, hydrastine, hydrastinine, hydrated chloral for pharmaceutical purposes, iodides for pharmaceutical purposes, iodine for pharmaceutical purposes, jalap, jujube, medicated, laxatives, lead water/Goulard water, lecithin for medical purposes, preparations of lime for pharmaceutical purposes, liniments, linseed for pharmaceutical purposes/flaxseed for pharmaceutical purposes, linseed meal for pharmaceutical purposes/flaxseed meal for pharmaceutical purposes, liquorice for pharmaceutical purposes, lotions for pharmaceutical purposes, lupulin for pharmaceutical purposes, magnesia for pharmaceutical purposes, malt for pharmaceutical purposes, malted milk beverages for medical purposes, mangrove bark for pharmaceutical purposes, medicinal hair growth preparations, medicinal herbs, medicinal infusions, medicinal tea, medicinal oils, medicinal roots, medicine cases, portable, filled, medicines for dental purposes, medicines for human purposes, melissa water for pharmaceutical purposes, menthol, mercurial ointments, milk of almonds for pharmaceutical purposes, milk ferments for pharmaceutical purposes, milk sugar for pharmaceutical purposes/lactose for pharmaceutical purposes, mint for pharmaceutical purposes, mustard for pharmaceutical purposes, mustard oil for medical purposes, myrobalan bark for pharmaceutical purposes, narcotics, nervines, oil of turpentine for pharmaceutical purposes, ointments for pharmaceutical purposes, opiates, opium, opodeldoc, opotherapy preparations/organotherapy preparations, oxygen for medical purposes, paper for mustard plasters/paper for mustard poultices, pastilles for pharmaceutical purposes/lozenges for pharmaceutical purposes, pectin for pharmaceutical purposes, pepsins for pharmaceutical purposes, peptones for pharmaceutical purposes, petroleum jelly for medical purposes, pharmaceutical preparations for treating dandruff, pharmaceutical preparations, phenol for pharmaceutical purposes, phosphates for pharmaceutical purposes, chemical preparations for treating phylloxera, pomades for medical purposes, potassium salts for medical purposes, poultices, powder of cantharides, propolis for pharmaceutical purposes, purgatives/evacuants, quassia for medical purposes, quebracho for medical purposes, quinine for medical purposes, quinquina for medical purposes/cinchona for medical purposes, preparations for reducing sexual activity, remedies for foot perspiration, remedies for perspiration, rhubarb roots for pharmaceutical purposes, royal jelly for pharmaceutical purposes, salts for medical purposes, sarsaparilla for medical purposes, sedatives/tranquillizers, serotherapeutic medicines, serums, siccatives [drying agents] for medical purposes, pharmaceutical preparations for skin care, medical preparations for slimming purposes, slimming pills, smelling salts, smoking herbs for medical purposes, sodium salts for medical purposes, soporifics, starch for dietetic or pharmaceutical purposes, steroids, stick liquorice for pharmaceutical purposes, strychnine, styptic preparations, sugar for medical purposes, sulphonamides [medicines], sunburn ointments, sunburn preparations for pharmaceutical purposes, suppositories, syrups for pharmaceutical purposes, tanning pills, tartar for pharmaceutical purposes, thymol for pharmaceutical purposes, tincture of iodine, tinctures for medical purposes, tissues impregnated with pharmaceutical lotions, tonics [medicines], turpentine for pharmaceutical purposes, vesicants, wart pencils, yeast for pharmaceutical purposes.
- Medical dressings, coverings and applicators, absorbent cotton/absorbent wadding, adhesive tapes for medical purposes/adhesive bands for medical purposes, adhesive plasters/sticking plasters, aseptic cotton, bandages for dressings, bunion pads, compresses, corn rings for the feet, cotton for medical purposes, dressings, medical, eyepatches for medical purposes, gauze for dressings, lint for medical purposes, moleskin for medical purposes, mustard plasters/mustard poultices, surgical dressings, surgical cloth [tissues]/surgical tissues, vulnerary sponges, wadding for medical purposes.