All products or services are classified in International Classes (hereinafter IC). Products run from IC classes 1-34, while services run from IC 35-45. Let’s take a closer look at one of these classes of trademarks: class 3.
What is International Class 3 about?
Each class has a short title heading that provides a snapshot of what that class is all about – IC 3’s short title is cosmetics and cleaning preparations. But, as with any trademark, there is more to it than that. The USPTO has 995 accepted descriptions that fit IC 3.
Cosmetics of almost all kinds should be included in class 3. Now this includes cosmetics in the true sense of the word (eg mascara, lipstick, etc.) but it also includes lotions, creams, shampoo and conditioner, perfumes, etc. Basically any liquid, cream, powder, gel, etc. non-medicinal. that you can apply to your body will be in class 3. The only exception to the non-medicated rule is, for some reason, soaps. Soaps, medicinal or not, fall into class 3. Cosmetic items for your animal friends (pet shampoos, pet odor remover) are also in class 3.
Cleaning preparations include soaps, whether for your body or your dishes, waxes, polishes, detergents, varnishes, stain removers, etc.
What else is in international class 3?
It seems that with any of these kinds of trademarks, there always seems to be one or two strange elements and IC 3 is no exception. Here are some elements that live in IC 3 that seem a bit strange:
or sandpaper
or ambergris
or beauty drinks
or fake blood
or stencils and sprays for temporary tattoos
How do I file a trademark in international class 3?
Let’s say you have done a thorough investigation and are now in the application stage. The people who prepare your application should help you compile a list, but here are some guidelines that should help you speed things up.
1) Be specific. For example, if you are selling a wax, please indicate what it is used for: the face, the body, a car, furniture, etc. If you sell a cosmetic line, take the time to really think about your brand and detail all the items.
2) Stay away from words like products, articles, materials, goods, etc.
3) Don’t be specific. Whoa what? Yes, I know this is contradictory and really this is one of those kinds of trademarks that has contradictions. One of the USPTO approved descriptions for this class is “Cosmetic Preparations”, which is as general as it can be, right? This is where your research and any advice from a trademark attorney will come in handy. It may be wise to use such a generic term to allow freedom of movement within your file. Again, this will all depend on two things: the results of your thorough research, and what a trademark attorney recommends.
