Intellectual Property Law

What is International Class 3 All About?

Each class has a short title heading that gives a snapshot of what that class is all about -- IC 3's short title is cosmetics and cleaning preparations. But, as with anything trademark, there's more to it than that. The USPTO has 995 accepted descriptions that fit into IC 3; check them out here.

Cosmetics of almost all kinds are to be listed in class 3. Now this includes cosmetics in the truest sense of the word (e.g. mascara, lipstick, etc.) but also includes lotions, creams, shampoo & conditioner, perfumes, etc. Basically any non-medicated liquid, creams, powder, gel, etc. that you can apply to your body is going to be in class 3. The one exception to the non-medicated rule is, for some reason, soaps. Soaps whether they're medicated or not fall into class 3. Cosmetic items for your animal friends ? pet shampoos, pet odor removers ? are also in class 3.

Cleaning preparations include soaps, be they for your body or your dishes, waxes, polishes, detergents, varnishes, removers, etc.

What Else is in International Class 3?

Seems like with any of these trademark classes, there always seems to be the oddball item or two and IC 3 is no exception. Here's a few items living in IC 3 that seem a bit weird:

? sandpaper
? ambergris
? beauty beverages
? fake blood
? temporary tattoo sprays & stencils

How do I file a Trademark in International Class 3?

Let's assume you've had your comprehensive research conducted and are now at the application stage. The folks preparing your application should help you with compiling a list but here are some guidelines that should help expedite the whole thing.

1) Be specific. For instance, if you're selling a wax indicate what it's used for ? the face, body, a car, furniture, etc. If you're selling a line of cosmetics, take the time to really think on your brand and detail all of the items.

2) Stay away from words like products, items, materials, goods, etc.

3) Don't be specific. Whoa, what? Yes, I know this is contradictory and really this is one of those trademark classes that have contradictions in it. One of the USPTO's approved descriptions for this class is "Cosmetic preparations," which is general as general can be, right? This is where your research & any advice from a trademark attorney is going to come into handy. It may be advisable to use such a generic term to allow freedom of movement within your filing. Again, this is all going to depend on two things ? the results of your comprehensive research and what a trademark attorney recommends.

Full post as published by TradeMark Express: A Daily Blog on June 17, 2009 (boomark / email).