The World Intellectual Property Organization (WIPO) divides trademarks into 45 internationally recognized classes. Each class represents a specific category of goods or services.
In this article, we will cover trademark Class 3, which protects perfumes and personal hygiene products.
Why Are There Trademark Classes?
When you apply for a trademark, you 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.
However, the trademark rights you register for are limited to the industry you register in.
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 don't fall 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.
Class 3 Trademarks
Class 3 trademarks cover all forms of 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 also covers detergent, bleaches, and abrasives for household cleaning and polishing.
Even certain animal care products, such as pet shampoo, are included under this class. Below we'll list each of these products in more detail.
Perfumes
At its most basic, Class 3 protects all marks relating to perfumes and colognes. This includes:
- Any item specifically made for body fragrance
- Room fragrances
- Essential oils
Toiletries and Oral Hygiene
Class 3 also covers any product classified as primarily "cosmetic" (not including items used for medical treatment).
In this way, 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) are also included.
Further, false nails, eyelashes, and the adhesives used to attach them are also class 3 items.
Even cotton swabs and rounds are in this category if they are meant to be used for cosmetic purposes.
Finally, Class 3 also includes all deodorants and shaving/waxing products.
Make-Up
Eye, eyebrow, eyelid, cheek, skin, and lip color are all Class 3 items.
Any forms of make-up foundation or primer, along with nail polish or nail décor, also fall under this class.
Soap
Class 3 also 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. In this way, bath salts and crystals are also included in this category.
Hair Care
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.
Pet Care
This would include only cosmetic treatments for pets, such as dog shampoo and pet deodorant.
Cleaning Products
This large category includes every kind of soap, bleach, ammonia, or detergent that you would use to clean something around the house, including:
- 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.
Abrasives
Finally, this category also includes abrasive or polishing agents used for personal care.
Emory paper and cloth, sandpaper for nail care, and polishing stones all fall under Class 3.
Related Products That Do Not Fall Under Class 3
If you’re not sure if your product falls under Class 3, consider these closely related classes:
- 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.
Conclusion
Class 3 includes any personal hygiene or cosmetic product for pets or people, as well as many 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.
When registering a trademark, you should consider hiring an experienced trademark attorney who can help you understand the trademark classes, and choose which class your product or service should be in.
