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An Overview of Trademark Class 3 for Cosmetics & Cleaning Substances

Updated on: 16 Jan, 2024 05:49 PM

Have you ever wondered about the origins of the term 'cosmetic'? It traces its roots to the Greek word 'kosmos,' which signifies order, harmony, and beauty. This linguistic connection perfectly captures the essence of cosmetics – products designed to enhance the allure and fragrance of the human body. However, the world of cosmetics is multifaceted, with diverse categories and classifications based on their purpose, composition, and intended use. In this guide, we will explore Trademark Class 3, a comprehensive category circling various items, including perfumes, soaps, shampoos, detergents, and more. We will also look into the advantages and procedures associated with trademark registration within this particular class.

What is a trademark?

A trademark is like a unique symbol. It includes signs, words, phrases, or symbols that help identify a specific product and show where it comes from. This symbol tells you that the product belongs to a particular company and protects the company's ownership of the brand. Trademarks are a part of intellectual property and can be officially registered.


What is Trademark Class 3?

Trademark Class 3 includes a wide range of everyday products related to cleaning, cosmetics, and personal care. Some examples of Class 3 trademark products are household cleaners, laundry detergents, bleaches, polishes, abrasives, soaps, toothpaste, perfumes, essential oils, and hair lotions. These are items commonly used in our daily lives.

These products are classified into three categories:

  1. Beauty Products: This category covers things like cosmetics, perfumes, essential oils, and hair lotions that help enhance appearance or provide a pleasant scent.
  2. Cosmetics and Hair Care: In this group, you'll find products for skin, hair, and nails used for hygiene, protection, or decoration. It also includes items like soaps and toothpaste for cleaning and dental care.
  3. Cleaning Products: This category includes items designed to remove dirt, stains, grease, or odors from various surfaces or fabrics. It also features bleaches, polishes, and abrasives that can improve the condition or look of objects.

What are the benefits of registering a trademark in class 3?

  • Protecting your brand identity and reputation from being diluted or tarnished by competitors or counterfeiters who may use similar or identical marks for their products.
  • Enhancing your marketing and advertising efforts by creating a distinctive and recognizable image for your products in the minds of consumers.
  • Increasing your customer loyalty and retention by building trust and assurance in the quality and safety of your products.
  • Expanding your market opportunities and revenue potential by securing exclusive rights to use your mark in connection with your products.
  • Preventing others from registering confusingly similar or identical marks in Class 3 or in other classes that may overlap with your products.
  • A registered trademark can help you build brand recognition and establish your products as high-quality and trustworthy

Types of goods under Trademark Class 3

  • Cleaning and coarse preparation
  • Cleaning
  • Polishing
  • Bleaching substances for laundry use
  • Soaps
  • Perfumery
  • Essential oils
  • Cosmetics
  • Hair lotions and dentifrices

Kinds of goods that do not come under Trademark Class 3

  • Chemical chimney cleaners
  • Preparations used for degreasing in manufacturing processes
  • Deodorants intended for purposes other than human or animal use
  • Sharpening stones and grindstones

Corresponding Classes with trademark Class 3

  • Pharmaceuticals - Class 5
  • Household Utensils - Class 21
  • Advertising and Business Services - Class 35
  • Science and Technology Services - Class 42
  • Medical and Vet Services - Class 44

Goods included in trademark class 3

Toiletries

  • Adhesives for attaching false hair
  • Adhesive for cosmetic use
  • Balms not intended for medical purposes
  • Aloe Vera Preparations For Cosmetic Purposes
  • Cosmetic preparations used for slimming purposes
  • Cosmetic kits
  • Adhesives for fixing false eyelashes
  • Cotton wool is used for cosmetic purposes
  • False eyelashes/nails
  • Cosmetic creams
  • Greases used for cosmetic purposes
  • Cosmetics
  • Massage gels are not intended for medical purposes
  • Henna [or cosmetic dye]
  • Cotton Swabs [toiletries]/cotton sticks used for cosmetic purposes
  • Pumice stone
  • Tissues impregnated with cosmetic lotions and toiletries

Oral Hygiene Preparations

  • Breathe freshening strips
  • Breath freshening sprays
  • Dental bleaching gels
  • Preparations used for cleaning dentures
  • Dentifrices
  • Denture polishes
  • Mouthwashes are not intended for medical purposes.

Perfumery and Fragrances

  • Eau de Cologne
  • Amber [perfume]
  • Bases for flower perfumes
  • Extracts of flowers [perfumes]
  • Heliotropine
  • Fumigation preparations [perfumes]
  • Lavender water
  • Ionone [perfumery]
  • Musk [perfumery]
  • Mint for perfumery
  • Perfumes
  • Perfumery
  • Toilet water
  • Scented water

Makeup

  • Eyebrow pencils
  • Cosmetics used for eyebrows
  • Cosmetic preparations used for eyelashes
  • Mascara
  • Make-up powder
  • Make-up preparations
  • Nail care preparations
  • Lipsticks
  • Nail varnish/ polish
  • Make-up removing preparations
  • Cosmetic pencils
  • Nail art stickers
  • Decorative transfers for cosmetic purposes

Soaps and Gels

  • Cakes of Toilet Soap/Cakes of Soap
  • Antiperspirant Soap
  • Deodorant Soap
  • Almond Soap
  • Medicated Soap
  • Disinfectant Soap
  • Soap used for Foot Perspiration.

Bath Preparations

  • Cosmetic Preparations for baths,
  • Bath Salts are not intended for medical purposes
  • Antiperspirants (Toiletries),
  • Deodorants and Antiperspirants
  • Deodorants for Animals or Human Beings.

Skin Care Preparations

  • Astringents used for cosmetic purposes
  • Almond milk is used for cosmetic purposes
  • Beauty mask
  • Cleansing milk for toilet purposes
  • Lotions used for cosmetic purposes
  • Lip glosses
  • Skin whitening creams/cream
  • Petroleum jelly is used for cosmetic purposes
  • Sun-tanning preparations (cosmetics)
  • Cosmetic preparations used for skin care
  • Talcum powder toilet use and whiting
  • Sunscreen preparations.

Hair Care Preparations and Treatments

  • Bleaching Preparations (Decolourants) used for cosmetic purposes
  • Beard Dye
  • Hair Lotions
  • Dry Shampoos
  • Cosmetic Dyes
  • Hair Spray
  • Preparations used for hair-waving
  • Hair Dyes/Hair Colorants
  • Moustache Wax/Moustache Wax
  • Hydrogen peroxide is used for cosmetic purposes
  • Pomades Used for cosmetic purposes
  • Neutralizers used for permanent waving
  • Shampoos.

Hair Care Preparations and Treatments

  • After-Shave Lotions
  • Alum Stones (Astringents)
  • Shaving Preparations
  • Depilatory Preparations/Depilatories
  • Shaving Soap
  • Pastes used for razor strops
  • Depilatory Wax.
  • Shaving Stones([Astringents)

Animal Grooming Preparations

  • Deodorants for pets
  • Pet Shampoo
  • Cosmetics for animal use

Essential Oils and Aromatic Extracts

  • Almond Oil
  • Aromatics (Essential Oils)
  • Bergamot Oil
  • Badian Essence
  • Essential Oils of Cedar Wood
  • Flavourings used for beverages (Beverage Flavouring)/(Essential Oils)
  • Ethereal Essences
  • Essential Oils of Citron
  • Flavourings used for Cakes (Cake Flavourings)/Essential Oils
  • Geraniol Gaultheria Oil
  • Ethereal Oils/Essential Oils
  • Lavender Oil
  • Jasmine Oil
  • Mint
  • Essential Oils of Lemon
  • Oils used for Perfumes and Scents
  • Oils used for Toilet Purposes
  • Oils used for Cosmetic Purposes
  • Rose Oil
  • Terpenes
  • Safrol.

Cleaning and Fragrance Preparations

  • Volatile Alkali (Ammonia) (Detergent)
  • Ammonia (Volatile Alkali) (Detergent)
  • Canned Pressurized Air is used for Dusting and Cleaning Purposes
  • Antistatic Preparations is used for Household Purposes
  • Cleaning Preparations
  • Cleaning Chalk
  • Colorants used for toilet purposes
  • Cloth impregnated with a detergent used for cleaning
  • Degreaser other than for use in manufacturing processes and for medical purposes
  • Colour-Removing preparations
  • Drying Agents used for Dishwashing Machines
  • Dry-Cleaning preparations
  • Furbishing Preparations
  • Floor Wax Removers (Scouring Preparations)
  • Non-Slipping Wax used for floors
  • Javelle Water/Potassium Hypochlorite, Lacquer-Removing Preparations
  • Polishing Creams
  • Non-Slipping Liquids used for floors
  • Oils Used for cleaning purposes
  • Turpentine Oil for degreasing
  • Parquet Floor Wax/Floor Wax
  • Paint Stripping preparations
  • Polish Used for furniture and flooring
  • composition used to make the leaves of plants shiny
  • Preparations that are used to remove rust
  • Polishing Wax Polishing Rouge/Jewellers’ Rouge
  • Scale-removing preparations for household purposes
  • Polishing Preparations
  • Soda Lye
  • Scouring Solutions
  • Shining Preparations (Polish)
  • For Degreasing
  • Stain Removers
  • Turpentine
  • Varnish-Removing Preparations
  • Preparations used for unblocking drain pipes
  • Wallpaper cleaning preparations
  • Volcanic Ash used for cleaning
  • Air Fragrance Preparations
  • Household Fragrances
  • Potpourris
  • Incense
  • Scented Wood
  • Potpourri(Fragrance) Joss Sticks
  • Sachets are used for perfuming linen.

Vehicle Cleaning and Laundry Preparation

  • Bleaching salts
  • Windscreen cleaning liquids
  • Colour-brightening chemicals used for household purposes
  • Bleaching soda
  • Laundry bleach/laundry bleaching preparations
  • (Laundry)/colour-brightening chemicals used for household purposes
  • Fabric softeners
  • All laundry-soaking preparations
  • Laundry wax
  • Laundry glaze
  • Laundry blueing
  • Qualia bark is used for washing
  • Soap used for brightening the textile
  • Smoothing preparations (starching)
  • Starch used for laundry purposes
  • The starch glaze is used for laundry purposes
  • Washing soda is used for cleaning.

Leather & Shoe Cleaning and Polishing Preparations

  • Waxes used for leather
  • Creams used for leather
  • Shoe cream
  • Leather bleaching preparations
  • Shoe polish
  • Leather preservatives (polishes)
  • Shoemakers’ wax
  • Shoe wax.

Abraders

  • Abrasives
  • Abrasive paper
  • Corundum (abrasive)
  • Carbides of metal (abrasives)
  • Emery paper
  • Emery cloth
  • Glass cloth
  • Diamantine (abrasive)
  • Polishing paper
  • Grinding preparations/sharpening preparations used for polishing stones
  • Smoothening stones
  • Sand cloth/abrasive cloth
  • Silicon carbide(abrasive)
  • Sandpaper/glass paper
  • Tripoli stone used for polishing

Tailors’ and Cobblers’ wax

  • Cobblers’ wax
  • Tailor’s wax

How to register a trademark in class 3?

  • Conduct a trademark search to check the availability of your desired mark and avoid any potential conflicts with existing marks. You can use the web search tools to find some online databases for trademark searches in India.
  • File an application for trademark registration with the Trademark Registrar, either online or offline. You need to provide the details of your mark, such as the logo, name, address, class, description, etc. You also need to pay the prescribed fee for each class of goods or services that you want to register your mark under. Trademark class 3 covers cleaning preparations and toilet preparations, such as soaps, perfumes, cosmetics, etc.
  • Wait for the examination of your application by the Trademark Officer, who will check the correctness and validity of your application. The officer may accept your application, reject it, or issue an examination report with objections or conditions. You need to respond to the examination report within the specified time limit; otherwise, your application may be abandoned.
  • If your application is accepted, it will be advertised in the Trademark Journal, which is a public notice of your claim to the mark. This allows any third party to oppose your registration within four months from the date of advertisement. If no opposition is filed or if the opposition is resolved in your favor, your mark will proceed to registration.
  • Once your mark is registered, you will receive a certificate of registration from the Trademark Registrar. You can then use the ® symbol next to your mark to indicate your exclusive rights over it. You need to renew your registration every 10 years to maintain your rights.

The importance of choosing the right trademark classes

Choosing the right trademark classes is crucial for protecting your brand and avoiding legal disputes. Trademark classes are categories of goods and services that you can register your trademark under. They help to define the scope and extent of your trademark rights and prevent confusion with other trademarks that may be similar but belong to different classes. For example, if you register your trademark for "Apple" under class 9, which covers computers and software, you will not infringe on the trademark rights of "Apple" under class 31, which covers fresh fruits and vegetables. However, if you register your trademark for "Apple" under class 35, which covers advertising and business management, you may face opposition from the other "Apple" trademark owner, who is also registered under class 35.

I.e., it is important to choose the right trademark classes for your brand based on the nature and purpose of your goods and services. Consider your current and future business plans and whether you may need to expand or diversify your offerings in the future. Choosing the wrong trademark classes can result in wasted time and money, as well as legal risks and challenges. To avoid these pitfalls, you should consult a professional trademark attorney who can advise you on the best strategy for your trademark registration.


Frequently Asked Questions

Q- Can trademarks be registered under multiple classes?

Trademarks can be registered under multiple classes if the product falls into different classes.


Q- How many days does it take to register a trademark in class 3?

Registering a trademark in Class 3 usually takes a few months. If you take professional help to register a trademark, it will increase the chance of approval.


Q- How long does a trademark in class 3 last in India?

A trademark in class 3 lasts 10 years in India and can be renewed within 6 months before or after the expiry. After expiry, the late fee will be applicable. However, the trademark will be removed from the Trademark Register if it is not renewed within 6 months after expiry.


CA Abhishek Soni
CA Abhishek Soni

Abhishek Soni is a Chartered Accountant by profession & entrepreneur by passion. He is the co-founder & CEO of Tax2Win.in. Tax2win is amongst the top 25 emerging startups of Asia and authorized ERI by the Income Tax Department. In the past, he worked in EY and comes with wide industry experience from telecom, retail to manufacturing to entertainment where he has handled various national and international assignments.