Understanding trademark classification - Class 5 of the trademark manual

International classification for trademarks - Class 5:

Trademark Class 5 is one of 45 NICE classifications used to classify products and/or services. 

Class 5 for trademarks a brief description: 

Class Five (5) of the nice classification of goods and services for classifying trademarks mainly includes 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.

All goods that are illustrated under this class are important to the vast majority of consumers, and it can be said that many of them may enter the daily use of many of them, such as - medicine, natural remedies, soap, pharmaceutical detergents, pest control preparation.

This class is also important for Farmers and animal lovers since it includes dietary supplements.

Class 5 for trademarks header:

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 5 trademark application Owners

The top Ten applicants who filed trademarks internationally are:

• Johnson & Johnson
• Pfizer
• Roche
• Novartis
• Merck & Co
• Virbac
• Zoetis
• Little Spoon
• ByHeart
• Compeed

Trademark common confusion between class 5 and other classes

1- Class 5 VS Class 1

While class 5 does include pharmaceuticals and other preparations for medical or veterinary purposes, ingredients that are used in the manufacture of pharmaceuticals are mainly in Class 1, such as - vitamins, preservatives and antioxidants (Class 1 - Chemicals),

For example: vitamins that are used in the manufacture of pharmaceuticals; antioxidants for example used in the manufacture of pharmaceuticals those categories of goods are illustrated in Class 1 but vitamin preparations; chemical preparations for pharmaceutical purposes are illustrated in Class 5 and that’s very confusing but it will not be when we understand that the word preparations in the pharmaceutical meaning means the final product that will be used by the average consumer but the vitamins and the chemicals included in Class 1 means the active ingredients used in the manufacture of pharmaceuticals which means that the end user for this will be the pharmaceutical companies.

2- Class 5 VS Class 3

In addition, Class 5 does include sanitary preparations used for personal hygiene, other than toiletries, for example, Antibacterial Liquid Hand Soap.

Sanitary preparations help in producing non-medicated toiletries. For example, Personal hygiene, bathroom, and shower care items are mainly in Class 3.

3- Class 5 VS Class 10

The most commonly confused Goods between Class 5 and Class 10 is:

Diagnostic preparations for medical purposes, such as preparations used to determine whether a patient has developed a hypersensitivity to a certain type of organisms, which is protected in Class 5.

Diagnostic devices for medical purposes, such as a blood pressure monitor or a heart rate monitor, are illustrated in Class 10.

4- Class 5 VS Class 29

Class 5 of the Nice classification for trademarks also covers meal replacements and dietetic food and beverages adapted for medical or veterinary use. Other type of meal replacements and dietetic food, such as low-fat potato crisps, are included on Class 29.

 Coordinated Classes for Trademark Class 5:

When thinking of the Class 5 trademark classification, one should keep in mind that the class has multiple overlapping products with goods from Class 1, 3, 10, 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 5 make sure to rule out all the coordinated classes -

• Class 1: Chemicals for use in industry, science, and photography, as well as in agriculture, horticulture, and forestry; unprocessed artificial resins and unprocessed plastics; fire extinguishing and fire prevention compositions; tempering and soldering preparations; substances for tanning animal skins and hides; adhesives for use in industry; putties and other paste fillers; compost, manures, fertilizers; biological preparations for use in industry and science.
• Class 3: Non-medicated cosmetics and toiletry preparations; non-medicated dentifrices; perfumery, essential oils; bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations, deodorants for human beings or animals.
•  Class 10: Surgical, medical, dental, and veterinary apparatus and instruments; artificial limbs, eyes, and teeth; orthopedic articles; suture materials; therapeutic and assistive devices adapted for persons with disabilities; massage apparatus; apparatus, devices, and articles for nursing infants; sexual activity apparatus, devices and articles.
• 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 5

• Under both the 10th (effective January 1, 2012) and 11th (effective January 1, 2017) editions of the Nice Classification, identifications for dietetic foods and dietetic beverages in Class 5 must indicate that the goods are "adapted for medical use" or "adapted for veterinary use" (or include other words that indicate that these items can be adapted for a particular medical or veterinary use) to make it clear that their purpose and use are not as part of a regular diet for human beings or animals However, we can find the dietetic food and beverages not suitable for medical or veterinary consumption under the following classes (29, 30). For example, " preserved, frozen, dried and cooked fruits and vegetables" in Class 29 and "cocoa," "confectionery," and "sugar" in Class 30.

• Under the 10th edition, identifications for dietetic food and dietetic beverages adapted for medical or veterinary use in Class 5 were required to indicate the specific dietetic food or dietetic beverage item. However, under the 11th edition, it is no longer a requirement that the particular dietetic food or dietetic beverage item adapted for medical or veterinary use be indicated. For example, "dietetic foods adapted for medical purposes" and "dietetic beverages adapted for medical purposes" are acceptable identifications in Class 5 under the 11th edition”. 
  

Trademark Class 5 and the Metaverse:

The Metaverse can be interpreted as an immersive online experience that uses virtual reality (VR) and augmented reality (AR) technology and hardware – in theory, a world of limitless imagination identical to reality.

This means the presence of virtual products that are sold and bought to enhance the similarity of Metaverse to reality and, thus, the existence of trademarks for these products.

However, since Metaverses are a platform that simulates video games, this means that if a company wants to expand its business within Metaverse now, it must register on the special classes related to software, such as Class 9.

Therefore, companies can expand by selling digital products that simulate real products using NFT technology and, in this case, they have to register, as we explained previously, in Class 9 along with Classes 28 and 41.

In addition, perhaps soon, we will see a new classification or an increase in new classes to the current Nice classification, which includes digital products of all kinds..

Understanding the main elements of Class 5: 

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 trademark examination or the comparison of goods and services: it was only created as an assistive tool.

Class 5 in Nice classification is divided into the subsections below:

Trademark Class 5 - Subsection 1 – 

Dietary supplements and Dietetic preparation

•  Food for babies
•  Dietary supplements for animals

Trademark Class 5 - Subsection 2 – 

Dietary preparation and Articles, and Medicated dentifrices

Trademark Class 5 - Subsection 3 – 

• Sanitary preparation and Articles
• Disinfectants and Antiseptics
• Deodorizers and Air purifiers
• Absorbent articles for personal hygiene
• Feminine hygiene products
• Nappies for babies and In continents

Trademark Class 5 - Subsection 4  – 

Medicated sanitizing soaps and detergents

Trademark Class 5 - Subsection 5 – 

Pest control preparation and Articles

Trademark Class 5 - Subsection 6 – 

• Medical and Veterinary preparation and Articles
• Live organs and Tissues for surgical purpose
• Diagnostic preparation and Materials
• Pharmaceuticals and Natural Remedies
• Medical Dressings, Coverings and Applicators