trademark Registration
Trademark Class 3: Cosmetics, Perfumes & Cleaning Substances
Shivani Jain
| Updated: Aug 17, 2020 | Category: Trademark

Trademark Class 3: Cosmetics, Perfumes & Cleaning Substances

The term “Trademark Class 3” denotes a type of Trademark Classification of Goods, which includes all the types of Cosmetics, Perfumes, and Cleaning Substances.

In this blog, we will discuss the Items that are classified as Cosmetics, Perfumes, and Cleaning Substances and need Trademark Registration under Class 3 of the Trademark Classes.

Concept of Trademark

The term “Trademark” denotes a visual or symbolic representation for a specific name, number, colour combination, word, label, etc. The main aim of a Trademark is to distinguish and differentiate one’s goods and services from others.

Therefore, it is essential for a manufacturer or service provider to obtain trademark registration online if he/she wants to maintain the uniqueness and individuality of the goods and services. It also allows the owner to sue the third party in the case of Trademark Infringement.

In India, the CGPDT (Controller General of Patents Designs and Trademarks) acts as the Regulatory Force for Trademarks. In contrast, the Trademarks Act, 1999[1] , is the Regulatory Law for Trademarks.

After obtaining the Trademark Registration, the symbol “R” will be applied to the respective service and good. Further, the registration will remain valid for 10 years and is eligible for renewal after expiry.

Trademark Classifications

The term “Trademark Classes” or “Trademark Classification” signifies the categories under which a service provider or owner can obtain Trademark Registration in India.

Further, according to the “NICE Classification”, there are a total of 45 Trademark Classes available for Trademark Registration. Out of which 34 classes or categories comes under the domain of “TM Class for Goods”, and remaining 11 comes under the “TM Class for Services”.

Trademark Search in India

The process of determining a correct class for Trademark Registration is known as “TM Search” or “Trade Mark Search”. Further, an applicant can use the ITRD (Indian Trademark Registry Database)[2] for making a “Trademark Public Search”.

Through a TM Public Search, an applicant can find out whether his/her goods and service falls under the ambit of trademark classes or not.

Concept of Trademark Class 3

As per NICE Classification, class 3 of Trademark Classes include Toilet and Cleaning Preparations. Further, all types of deodorants for animals or human beings, room fragrance preparation, and toiletries or sanitary preparation comes under the ambit of this trademark class as well.

One of the renowned examples of Trademark Class 3 is Harpic and Harpic Bathroom Cleaner by “Reckitt and Colman Of India Limited”.

Sub-Categories of Class 3 of Trademark Classes

items under trademark class 3

The sub-categories of Trademark class 3 are as follows:

  1. Toiletries;
  2. Oral Hygiene Preparations;
  3. Perfumery and Fragrances;
  4. Body Cleaning Preparations;
  5. Beauty Care Preparations;
  6. Make-up;
  7. Soaps and Gels;
  8. Bath Preparations;
  9. Skin Care Preparations;
  10. Hair Care Preparations and Treatments;
  11. Hair Removal and Shaving Preparations;
  12. Animal Grooming Preparations;
  13. Essential Oils;
  14. Aromatic Extracts;
  15. Cleaning and Fragrance Preparations;
  16. Vehicle Cleaning Preparations;
  17. Laundry Preparations;
  18. Leather and Shoe Polishing and Cleaning Preparations;
  19. Abraders;
  20. Tailor and Cobbler Wax;

Also, Read:Trademark Class 1: Items Classified as Chemical Product

Goods that Don’t Form Part of Trademark Class 3

items excluded from trademark class 3

The goods that do not form part of class 3 of Trademark Classes are as follows:

  1. Chemical Chimney Preparations under Trademark Class 1 (Chemicals);
  2. Degreasing Preparations used in Manufacturing Processes under Trademark Class 1 (Chemicals);
  3. Deodorants other than for Animals or Human Beings under Trademark Class 5 (Pharmaceuticals);
  4. Sharping Stones and Grindstones under Trademark Class 8 (Hand Tools);

Concept of Coordinated Classes

Coordinated Classes under TM class 3

The term “Coordinated Classes” or “Related Classes” denotes a situation in which a product or service falls in two or more trademark classes. The categories that are closely connected with the products mentioned under Trademark Class 3 are as follows:

  1. Pharmaceuticals under Trademark Class 5;
  2. Household Utensils under Trademark Class 21;
  3. Advertising and Business Services under Trademark Class 35;
  4. Science and Technology under Trademark Class 42;
  5. Medical and Vet Services under Trademark Class 44;

Specimen and Example for Class 3 of TM Classes

Whenever an individual wants to obtain a Trademark Registration for the purpose of commerce and trade, he/she requires to furnish a sample or specimen with a valid mark. However, the mark should be placed in such a manner that it is clearly visible to the consumers.

The term “manner” denotes the places where a trademark specimen can be represented. Such places are

  1. Tags;
  2. Displays;
  3. Labels; and
  4. Containers;

Further, an individual can use a photocopy of the Trademark Specimen as well to mark the goods. Moreover, a label is considered as an acceptable specimen in case goods are stored in containers.

Furthermore, a mailing or shipping label attached to the containers may also be termed as trademark specimen, if the same show proper usage of Trademark. That means a mark shown as a Trade name and not as a Trademark will not be acceptable.

Conclusion

After a detailed and systematic discussion, it is absolutely clear that it is essential for an applicant to choose a valid class under the Trademark Classes, or else he/she would need to file the application again.

Further, the process of Trademark Public Search plays a significant role in determining the correct class as well. It assists the applicant in checking whether a trademark is applicable to his/her goods or not.

However, it is always suggested that one must take professional assistance in both the Trademark Search and Trademark Registration. Reach out to Swarit Advisors for obtaining Trademark Registration in a Hassle-free manner. We have a team of proficient IPR experts who are having more than 10 years of experience in the domain of IPR.

Moreover, our team will guide you in the process of Trademark Renewal, Trademark Assignment, and Trademark Objection as well.

More on TM Classes:Trademark Class 2: Items Classified as Paint and Varnishes

Shivani Jain

Shivani has completed her B com LLB (Hons) and has the experience of writing various research papers during her college time. Earlier she was working as an Associate in a Delhi based Law Firm, but her interest in writing made her pursue Legal Content Writing as a career. Her core area of interest is in writing about various legal enactments, tax, and finance.

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