Introduction
Trademark Class 3 is one of the most actively used and commercially significant trademark classes in India and globally. It deals with non-medicated cosmetics, perfumery, and cleaning products. From beauty brands and skincare startups to manufacturers of soaps and detergents, Class 3 forms the core legal category for protecting brand identities in the cosmetic, hygiene, and home care industries.
Understanding the full scope of Class 3 is essential for startups, business owners, and legal professionals. In this comprehensive article, we explore the types of goods included in Class 3, what’s excluded, legal precedents, international comparisons, and step-by-step filing processes to help you register your brand under the correct category.
Legal Basis Under Indian Law
In India, the classification of goods and services is governed by the Trade Marks Act, 1999, which adopts the Nice Classification (NCL), an international system developed by WIPO. There are 45 classes: Classes 1–34 for goods, and Classes 35–45 for services.
Trademark Class 3 is defined in the NICE system as covering: “Non-medicated cosmetics and cleaning preparations, including soaps, perfumery, essential oils, preparations for body and beauty care, and cleaning, polishing, and abrasive preparations.”
This class excludes medicated preparations, which must be registered under Class 5.
Scope of Trademark Class 3
Trademark Class 3 includes products primarily designed for personal grooming, beautification, hygiene, or cleaning purposes. It applies to both consumer and professional-grade products, including those used in salons, households, and commercial establishments.
- Non-medicated cosmetics
- Perfumes and deodorants
- Soaps (body, hand, etc.)
- Shampoos and conditioners
- Hair gels, sprays, and dyes
- Toothpaste (non-medicated)
- Body scrubs, cleansers, and toners
- Polishing, shining, and cleaning agents
- Abrasive pastes and powders
- Essential oils (non-medicinal use)
Examples of Goods Covered Under Class 3
- Face creams, fairness creams, and moisturizers
- Liquid hand wash and antiseptic soaps (non-medicated)
- Shampoo and hair conditioners
- Hair styling gels and sprays
- Facial masks and peels
- Body lotions, oils, and butter
- Body sprays, perfumes, and roll-on deodorants
- Nail polishes and nail polish removers
- Household cleaning products (non-industrial)
- Abrasive soaps and floor cleaners (non-disinfectant)
- Room fresheners and non-medicated air diffusers
- Toothpaste and mouthwash (non-therapeutic)
- Makeup removers and cleansers
- Skin toners and face mists
- Exfoliators and scrubs
- Baby wipes (non-medicated)
- Bleaching preparations for household use
- Polish for metals, floors, and furniture
Goods That Are Not Included in Class 3
Some goods that appear similar may not be covered under Class 3 due to their medicated nature or industrial usage. Filing under Class 3 for such products may lead to objections under Section 11 or 9 of the Trade Marks Act.
| Product Type | Correct Class |
|---|---|
| Medicated creams, ointments, antiseptics | Class 5 |
| Disinfectant floor cleaners and sanitizers | Class 5 |
| Industrial or lab-grade cleaning agents | Class 1 |
| Veterinary grooming products | Class 5 |
| Dental cleaning products with therapeutic use | Class 5 |
| Essential oils for medicinal purposes | Class 5 |
Why Correct Classification Is Critical
Correct trademark classification is not just procedural—it directly impacts your brand’s enforceability and legal strength.
Consequences of incorrect class filing:
- Trademark objection or refusal during examination
- Delay in processing or registration
- Exposure to infringement without legal remedy
- Additional cost for re-filing under the correct class
Real-World Trademarks Registered Under Class 3
| Brand Name | Category | Class |
|---|---|---|
| LAKME | Cosmetics, foundation, face cream | Class 3 |
| LUX | Bath soaps and beauty bars | Class 3 |
| DOVE | Skincare, soaps, shampoos | Class 3 |
| L’OREAL | Haircare, styling products | Class 3 |
| POND’S | Cold creams, talcum powder | Class 3 |
| VEET | Hair removal products | Class 3 |
| AXE | Body sprays and deodorants | Class 3 |
| HIMALAYA | Only non-medicated line | Class 3 |
Filing Process for Trademark Class 3 in India
- Trademark Search – Use the IP India website to check for similar marks under Class 3.
- Trademark Application Filing (TM-A) – Submit the application with an accurate description of goods.
- Examination Report – Respond to objections, if any.
- Publication in Journal – For 4 months, open for opposition.
- Certificate Issued – If no opposition, registration is granted for 10 years (renewable).
Documents Required:
- Applicant’s Identity Proof (PAN, Aadhaar)
- Business Registration (GST, MSME, etc.)
- Trademark Logo/Image (if applicable)
- Signed Power of Attorney (Form TM-48)
International Context (Madrid Protocol)
If you’re exporting cosmetics or launching a beauty brand internationally, consistency in trademark classification is vital.
| Jurisdiction | Trademark Class Equivalent |
|---|---|
| India (CGPDTM) | Class 3 |
| EU (EUIPO) | Class 3 |
| USA (USPTO) | Class 003 |
| WIPO (Madrid) | Class 3 |
Common Mistakes to Avoid in Class 3 Filing
- Filing medicated products in Class 3 instead of Class 5
- Submitting a broad product list without clarity
- Omitting “non-medicated” when describing creams or oils
- Using incorrect subclassifications for multipurpose products
- Ignoring competitor trademarks while choosing a name/logo
Top Tips for Startups and Manufacturers
- Always perform a class-wise trademark search before launching.
- Include a detailed product description (not just “cosmetics”).
- If your product is both medicinal and cosmetic, file in both Class 3 and Class 5.
- For branding different product lines (e.g., soap and perfume), multi-class applications can be filed.
- Hire a trademark expert for complex product ranges.
Frequently Asked Questions (FAQs)
- Q1: Can I register perfumes under Class 3?
- Yes, perfumes, body sprays, and deodorants fall under Class 3.
- Q2: Are face masks and peels included in Class 3?
- Yes, if non-medicated. If therapeutic, they go in Class 5.
- Q3: Are toothpastes included in Class 3?
- Yes, if non-therapeutic. Medicated or ayurvedic ones belong in Class 5.
- Q4: What if I make cosmetics and cleaning products?
- You can file a multi-product application under Class 3 if all are non-medicated.
- Q5: Are herbal cosmetic items included?
- Yes, as long as they are not positioned as medical products.
- Q6: What if my products claim “anti-acne” or “anti-dandruff”?
- These might be considered medicinal; Class 5 would apply.
- Q7: Can I register a single brand for face wash, perfume, and detergent?
- Yes, if all fall under Class 3. Otherwise, file for additional classes as needed.
- Q8: Do ayurvedic beauty products belong here?
- It depends on whether they’re medicinal or cosmetic in purpose.
- Q9: How long is the registration valid?
- 10 years from the date of application; renewable thereafter.
- Q10: Can I change my trademark class later?
- No. You’ll need to re-file under the correct class.
Conclusion
Trademark Class 3 is essential for all brands operating in India’s rapidly growing personal care, cosmetics, and hygiene industry. With increased competition, brand piracy, and e-commerce proliferation, it’s more important than ever to secure your trademark legally and strategically.
Whether you’re launching a new skincare startup or protecting a legacy brand, RegistrationMART offers full-service trademark solutions—filing, monitoring, objections, renewals, and global expansion support.
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