Trademark Class 5 includes mainly pharmaceuticals and other preparations for medical or veterinary purposes. Specifically, the class includes antibiotics, bandages, disinfectants, dietary supplements, pesticides, and baby food and diapers.
What Goods Are Included Under Trademark Class 5?
The following is a more comprehensive list of Class 5 goods:
- Dietary food supplements, vitamin preparations, albumin dietary supplements, alginate dietary supplements, appetite suppressants for medical purposes, asthmatic tea, byproducts of the processing of cereals for 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 use, enzyme dietary supplements, dietary fiber to aid digestion, 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 and dietary supplements formed and packaged as bars, pollen dietary supplements, propolis dietary supplements, protein dietary supplements, protein supplements for animals, royal jelly dietary supplements, wheat germ dietary supplements, and yeast dietary supplements.
- Food for babies, powdered milk for babies, lacteal flour for babies, and baby vitamins.
- Vitamins and dietary food supplements for animals, dietary supplements for animals, vitamins for animals, protein supplements for animals, pharmaceutical preparations for animal skincare, and medicated animal feed.
- Material for repairing teeth, adhesives for dentures, alloys of precious metals for dental purposes, dental abrasives, dental amalgams, dental cements, materials for making dental impressions, dental lacquer, dental mastics, dental amalgams of gold, molding wax for dental use, mouthwashes for medical purposes, porcelain for dental prostheses, rubber for dental purposes, teeth filling material, and teething gels.
- Medicated eye washes, collyrium, contact lens cleaning preparations, medicated eye washes, personal sexual lubricants, solutions for contact lenses.
- Disinfectants, antiseptics, alcohol for pharmaceutical purposes, antiseptic cotton, antiseptic wipes, disinfectants for chemical toilets, disinfectants for hygienic purposes, germicides, medicinal alcohol, soil-sterilizing preparations, sterilizing preparations, and sulphur sticks as disinfectants.
- Air deodorizers, air purifying preparations, air deodorizing preparations, deodorants for clothing or textiles, household deodorizer, car deodorizer, deodorizer for upholstery, and bathroom deodorants.
- Feminine hygiene products, nursing pads, belts for sanitary napkins [towels], menstruation bandages, tampons, menstruation pads, sanitary pads, panty liners, sanitary panties, sanitary towels, sanitary napkins, vaginal antifungals, and vaginal washes for medical purposes.
- Baby diapers, diapers for incontinence, disposable training pants being diapers, liners for diapers, babies' swim diapers, disposable adult diapers, medicated diaper rash ointment, and diapers for pets.
- Insect repellants, pesticides, weedkillers, acaricides, algicides, antiparasitic preparations, bacterial poisons, biocides, 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, insect repellent incense, insecticides, larvae exterminating preparations, preparations for destroying mice, chemical preparations to treat mildew, moth repellants, preparations for destroying noxious animals, parasiticides, rat poison, slug exterminating preparations, vermifuges, anthelmintics, vermin destroying preparations, vine disease treating chemicals, chemical preparations to treat wheat blight, and chemical preparations to treat wheat smut.
- Bacterial preparations for medical and veterinary use, medicated animal washes, therapeutic medicated bath preparations, bath preparations for medical purposes, bath salts and bath preparations for medical purposes, biological preparations for the treatment of cancer, biological tissue cultures for medical purposes, biological tissue cultures for veterinary purposes, blood for medical purposes, blood plasma, bone cement for surgical and orthopedic purposes, allergy capsules, medicated cattle washes, caustic pencils, cellulose esters for pharmaceutical purposes, cellulose ethers for pharmaceutical purposes, cement for animal hooves, collodion for pharmaceutical purposes, chemical contraceptives, cooling sprays for medical purposes, detergents for medical purposes, dog lotions for veterinary purposes, medicated 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, filled first-aid boxes, flour for pharmaceutical purposes, meal for pharmaceutical purposes, gases for medical and dental use, gelatin capsules, greases for medical purposes, greases for veterinary purposes, hemoglobin, hemostatic pencils, hydrogen peroxide for medical purposes, isotopes for medical purposes, leeches for medical purpose, mineral waters for medical purposes, medicinal mud, medicinal, herbal mud packs for therapeutic purposes, pearl powder for medical purposes, radioactive substances for medical purposes, radium for medical purposes, medicated mineral salts for 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, tobacco-free cigarettes for smoking cessation purposes, vaccines, and diagnostic preparations for medical or veterinary preparations.
- Biological tissue grafts, scapulars for surgical purposes, surgical implants comprised of living tissues, diagnostic preparations for medical purposes, bacteriological preparations for medical and veterinary use, bouillons for bacteriological cultures, diagnostic media 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 purposes, chemical preparations for the diagnosis of pregnancy, nutritive substances for microorganisms for medical purposes, radiological contrast substances for medical purposes, and reagent paper for medical or veterinary purposes.
- Antibiotics, medicinal herbs, aluminum acetates for pharmaceutical purposes, gallic acid for pharmaceutical purposes, adjuvants for medical purposes, alginates for pharmaceutical purposes, opium alkaloid preparations, aloe vera preparations for pharmaceutical purposes, amino acids for medical purposes, amino acids for veterinary purposes, anaesthetics, analgesics, angostura bark for medical purposes, antiuric preparations, anticryptogamic preparations, antioxidants, antiparasitic preparations, appetite suppressant pills, balms for pharmaceutical purposes, balsamic preparations for medical purposes, croton bark 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, calomel for medical purposes, camphor for medical purposes, camphor oil for medical purposes, candy for medical purposes, medicated candy, castor oil for medical purposes, caustics for pharmaceutical purposes, charcoal for pharmaceutical purposes, pharmaceutical preparations for treating chemical imbalances, chewing gum for medical purposes, chilblain preparations, chinoline for medical purposes, chloroform, condurango bark for medical purposes, medicines for alleviating constipation, cream of tartar for pharmaceutical purposes, creosote for pharmaceutical purposes, curare for medical purposes, decoctions of medicinal herbs, depuratives for the body, digestives for pharmaceutical purposes, dill oil for medical purposes, drugs for medical purposes, cellulose esters for pharmaceutical purposes, ethers for pharmaceutical purposes, eucalyptus for pharmaceutical purposes, febrifuges, ferments for pharmaceutical purposes, flowers of sulphur for pharmaceutical purposes, frostbite salve for pharmaceutical purposes, fumigation preparations for medical purposes, gamboge for medical purposes, glucose for medical purposes, glycerine for medical purposes, guaiacol for pharmaceutical purposes, medicated chewing gum, gurjun balsam for medical purposes, hemorrhoid preparations, headache relief sticks, herbal teas for medicinal purposes, extracts of hops for pharmaceutical purposes, hormones for medical purposes, hydrated chloral for pharmaceutical purposes, iodine for pharmaceutical purposes, jalap, medicated jujube, laxatives, lecithin for medical purposes, liniments, linseed meal for pharmaceutical purposes, flaxseed for pharmaceutical purposes, liquorice for pharmaceutical purposes, malt for pharmaceutical purposes, malted milk beverages for medical purposes, medicinal hair growth preparations, medicinal tea, medicinal oils, medicinal roots, medicines for dental purposes, melissa water for pharmaceutical purposes, menthol, mercurial ointments, almond milk for pharmaceutical purposes, milk ferments for pharmaceutical purposes, milk sugar for medical purposes, lactose for pharmaceutical purposes, mint for pharmaceutical purposes, myrobalan bark for pharmaceutical purposes, prescription synthetic narcotics, turpentine for pharmaceutical purposes, opotherapy preparations, organotherapy preparations, oxygen for medical purposes, poultices, cough pastilles for medical use, throat lozenges, pepsins for pharmaceutical purposes, petroleum jelly for medical purposes, pharmaceutical preparations for treating dandruff, phenol for pharmaceutical purposes, chemical preparations for treating phylloxera, pomades for medical purposes, potassium preparations for medical purposes, 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, pharmaceutical preparations for reducing sexual activity, medicated soap for foot perspiration, rhubarb roots for pharmaceutical purposes, royal jelly for pharmaceutical purposes, epsom salts for medical purposes, sarsaparilla for medical purposes, sedatives, tranquillizers, siccatives for medical purposes, pharmaceutical preparations for skin care, medical preparations for slimming purposes, slimming pills, smelling salts, sodium salts for medical purposes, soporifics, starch for pharmaceutical purposes, steroids, stick liquorice for pharmaceutical purposes, strychnine poison, styptic preparations, sugar for medical purposes, sulphonamides as medicines, sunburn ointments, sunburn preparations for pharmaceutical purposes, syrups for pharmaceutical purposes, thymol for pharmaceutical purposes, tincture of iodine, herbal tinctures for medical purposes, tissues impregnated with antibacterial preparations, wart removing preparations, and yeast for medical, veterinary, or pharmaceutical purposes.
- Medical dressings, adhesive tapes for medical purposes, adhesive bands for medical purposes, adhesive plasters for medical purposes, sticking plasters for medical use, aseptic cotton, bandages for dressings, bunion pads, medicated compresses, corn rings for the feet, cotton for medical purposes, wound dressings, burn dressings, eyepatches for medical purposes, gauze for dressings, lint for medical purposes, moleskin for use as a medical bandage, mustard plasters, mustard poultices, surgical dressings, vulnerary sponges, and wadding for dresses.
What Goods Aren't Included Under Class 5?
But you would not use Class 5 if you're applying for:
Examples of Trademarks in Class 5
You can find trademarks that have been applied for or registered by the United States Patent and Trademark Office (USPTO) under Class 5 in the Trademark Electronic Search System (TESS), an electronic trademark database.
Some well-known examples of Class 5 marks include:
- ARM & HAMMER (deodorizers and air fresheners)
- RAID (insecticide), and
- GERBER (baby food).
USPTO Trademark Classes
The USPTO, the federal agency that oversees the registration of federal trademarks, divides marks into 45 different classes of products and 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.
The first 34 classes consist of different broad categories of goods. The last 11 classes consist of different broad categories of services.
Related or Coordinated Classes to Class 5
If you're not sure whether you should apply for your mark under Class 5, you can consider a "coordinated" class. A coordinated class is one that's related to another class, usually because the USPTO has determined that applicants filing within one particular class often file in other specific classes, too.
For Class 5, the USPTO has determined the following classes to be coordinated classes:
Trademark Filing Fees
The trademark class system will also affect the scope of the registration fees that you pay. The USPTO charges a set filing fee per class of goods or services. So, if you apply for a trademark for posters (Class 16) and shirts (Class 25), you must pay the filing fee for two classes, which is double the filing fee for one class. (37 C.F.R. §2.6(a)(1)(2022).)
Be sure to indicate the correct class at the time you're registering a trademark—if the application doesn't already do so for you. If you list the incorrect class, you must restart the application process, and your filing fees will not be refunded.
Your registration is restricted to those classes that encompass the goods or services you're already offering (as shown by the specimens you submit) or that you plan to offer (if you're registering on an intent-to-use basis).
At some point in the trademark application process, you'll need to supply the USPTO with a specimen. A specimen is a real-world example of how your mark is being used in association with your goods or services. In other words, it's how customers come across your mark as they shop for your goods or services.
If you're applying for a use-in-commerce trademark (you're already using your trademark to sell your goods or services), then you'll submit a specimen with your trademark application. If you're applying for an intent-to-use trademark (you haven't started using your trademark yet but plan to), then you'll submit a specimen after you've already submitted your trademark application once the trademark examiner—the person at the USPTO reviewing your application—requests it from you.
For every class of goods or services, you'll need to submit at least one specimen regardless of how many goods or services are listed under the class. So, if you apply for hats, t-shirts, and socks under Class 25, then you'll only need to submit one specimen and you can choose which good to include in your specimen.
(37 C.F.R. §2.34(b)(2)(2022).)
Acceptable Specimens for a Goods Trademark
The specimen must show the mark as used on or in connection with the goods in commerce. Specifically, a specimen for a goods trademark must show use of the mark in a manner that would be perceived by potential purchasers as identifying the applicant's goods and indicating the goods' source.
When a trademark is on the good itself or on the packaging or containers of the goods, photographs or facsimiles showing the trademark in use on or with the goods are acceptable.
A specimen for a goods trademark can appear:
- On the good itself. The trademark can be imprinted on the body of the goods, as with metal stamping; it can be applied by a rubber stamp; or it can be inked on by using a stencil or template.
- On a tag for the good. For example, you could include your trademark on a sales tag above the product price, or it can be printed below the product specifications on a mattress tag.
- On a label for the good. For instance, your trademark could be on the UPC barcode sticker or on a drink's ingredients label. You could also use shipping or mailing labels affixed to the goods as long as the trademark functions as an indicator of the good's source. For example, if the trademark appears only on the return address, then the specimen wouldn't be appropriate.
- Directly on the packaging or container for the good. The trademark can be on any type of commercial packaging that's normal for the particular goods as they move in trade, such as shipping boxes or shelf display packaging. For instance, gasoline pumps are normal containers or "packaging" for gasoline.
- On a display associated with the goods. If you sell your goods at trade shows or community events, your trademark could be printed out next to a display of your goods as long as customers can connect your trademark with the goods. For example, your trademark could be printed on the tablecloth at your booth or on a sign hanging from your pop-up tent.
(37 C.F.R. §2.56(2022).)
Webpage Listing for a Goods Trademark
If you sell your goods online—whether on your own website or on a third-party online marketplace—you can use a screenshot of the webpage where your good is listed for sale as your specimen.
The webpage must include:
- your trademark, either in the webpage header or in another prominent position
- a picture or description of your good, and
- a way for consumers to immediately purchase your good, such as an "add to cart" or "buy now" option.
If you use this kind of specimen, be sure you include—either on the screenshot or in the application—the website URL and the date you last accessed the webpage. (37 C.F.R. §2.56(c)(2022).)
While most marks appear in writing somewhere, trademarks can also be in audio format. If your mark represents a service, and it appears only on radio ads or in some other audio form, you can submit a sound file of the audio.
For more information about trademarks and federal registration, see our section on trademark law.