Understanding trademark classification - Class 3 of the trademark manual

International classification for trademarks - Class 3:

Trademark Class 3 is one of 45 NICE classifications used to identify and classify products and/or services.

Class 3 for trademarks a brief description: 

Class three (3) of the nice classification of goods and services for classifying trademarks mainly includes cosmetics, non-medicated toiletry, and/or cleaning preparations, for use in the home or other environments. In terms of cosmetics and non-medicated toiletries, some examples are wet wipes with lotions or fragrances. Cleaning preparations include non-medical soaps, bleaches, and other cleaning, polishing, and scouring products, including sandpaper.

Class 3 for trademarks header:

Non-medicated cosmetics and toiletry preparations; non-medicated dentifrices; perfumery and essential oils; bleaching preparations and other substances for laundry use; cleaning, polishing, scouring, and abrasive preparations.

Class 3 trademark application Owners

• L'OREAL
• THE PROCTER & GAMBLE COMPANY
• LG household and healthcare
• Henkel AG
• Amorepacific corporation
• Unilever
• Colgate Palmolive
• Johnson and Johnson
• Avon
• Beiersdorf AG

Some famous brands protected on class 3 from emerging markets include; HUDA BEAUTY (cosmetics), Rasasi (perfumes and fragrances personal or for rooms), Gento (laundry detergent), and fabric softener manufactured by SIDCO. Hair care preparations Elsada. Organic or traditional detergents and soaps, such as the Alwazir brand, are also covered within class 3.

Trademark common confusion between class 3 and other classes

While class 3 does include cleaning preparations, industrial preparations for cleaning are mainly in class 1, such as - chemical preparations for cleaning chimneys and degreasing preparations used in manufacturing processes (Class 1 - Chemicals). Class 3 does not include any cleaning appliances or equipment. These are mainly covered using classes 7 and 21. To make matters even more confusing, cleaning-specific products such as brushes for cleaning body cavities (Class 10), paper wipes for cleaning (Class 16), and cleaning brushes for firearms (Class 13) are all cleaning appliances.  

Class 3 of the nice classification for trademarks also covers fragrances and deodorants for human beings or animals. Other types of deodorizers, such as those used for clothes and household use, are included in class 5. Apparatuses to deodorize or services relating to fragrances are not included in class 5.

Coordinated Classes for Trademark Class 3

When thinking of the Class 3 trademark classification, one should keep in mind that the class has multiple overlapping products with goods from Class 5, 8, 21, 42, and 44. Therefore these classes are said to be coordinated classes with the highest risk of potential confusion. To ensure you are choosing the right class for your trademark before you protect under class 3 make sure to rule out all the coordinated classes:

• Class 5: Pharmaceuticals, medical, and veterinary preparations; sanitary preparations for medical purposes; dietetic food and substances adapted for medical or veterinary use, food for babies; dietary supplements for human beings and animals; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides.
• Class 8:Class 8 includes mainly hand-operated tools and implements for performing tasks, such as drilling, shaping, cutting, and piercing.
• Class 21: Household or kitchen utensils and containers; cookware and tableware, except forks, knives, and spoons; combs and sponges; brushes, except paintbrushes; brush-making materials; articles for cleaning purposes; unworked or semi-worked glass, except building glass; glassware, porcelain, and earthenware.
• Class 42: Scientific and technological services and research and design relating thereto; industrial analysis, industrial research, and industrial design services; quality control and authentication services; design and development of computer hardware and software.
• Class 44: Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, aquaculture, horticulture, and forestry services.

Changes in the nice classification relating to trademark goods on Class 3

Under the 11th edition of the Nice Classification, cosmetics, toiletry preparations, and soap are classified in Class 3, except when those goods are medicated, are for pharmaceutical purposes, or have antibacterial or disinfectant properties. In such cases, the goods are classified in Class 5. "Medicated soap" and "disinfectant soap" were transferred from Class 3 to Class 5 in the 11th edition of the Nice classification. "Antibacterial soap," "medicated toiletry preparations," and "medicated shampoos" were added to the List in Class 5. Therefore, if an identification for soaps does not specify that the soaps are antibacterial, disinfectant, or medicated, the soaps are generally classified in Class 3, however, to avoid an office action and an action claiming vagueness, it is best to specify the type of soap covered. Similarly, if an identification for cosmetics or toiletry preparations does not specify that the cosmetics or toiletry preparations are medicated or for pharmaceutical purposes, it is generally presumed that the goods are non-medicated and classified in Class 3.

Trademark Class 3 and the Metaverse:

The term "metaverse" refers to a highly immersive virtual environment where people meet to socialize, play, and work. For the time being, the Metaverse's potential will be limited only by technology. The only limitations in the future will be the people's imaginations. Businesses should be concerned about the Metaverse since retail will be one of its most important industries, followed by social experiences. Everyone appears to be getting ready for the Metaverse. Every month, a growing number of companies apply to trademark their brands for Metaverse. It won't be long until we see a lot of trademarks registered under several classes in the Metaverse.

Understanding the main elements of Class 3: 

The EUIPO, in collaboration with WIPO, has developed a hierarchy of goods and services within a class to link the different products and to make the classification process easier. The hierarchy does not have any legal effect in trade mark examination or in the comparison of goods and services: it was only created as an assistive tool.

Class 3 in Nice classification is divided into the subsections below:

Trademark Class 3 - Subsection 1 – 

• Toiletries
• Oral hygiene preparations
• Perfumery and fragrances
• Body cleaning and beauty care preparation
• Make-up
• Soaps and gel
• Bath preparations
• Deodorants and antiperspirants
• Skin, eye, and nail care preparations
• Hair preparations and treatment
• Hair removal and shaving preparations

Trademark Class 3 - Subsection 2 – 

Animal Grooming preparations

Trademark Class 3 - Subsection 3 – 

Essential oils and aromatic extracts

Trademark Class 3 - Subsection 4 – 

• Cleaning and fragrance preparations
• Household fragrances
• Vehicle cleaning preparations
• laundry preparations
• leather and shoe cleaning

Trademark Class 3 - Subsection 5 – 

 Abrasives

Trademark Class 3 - Subsection 6 – 

 Tailors and cobblers wax