which Nice trademark class is cosmetics makeup

What International Trademark Class (Nice Class) is Cosmetics or Makeup In?

  • 11 July, 2018
  • Nyall Engfield

Cosmetics and Makeup are in Trademark Class 3. However... 

The products in the cosmetic field are covered by a number of different classes. The exhaustive list is below. If you are not sure where your cosmetic product or service fits in, please contact us for your trademark application, we'll get the class right for you.

Trademarking a name in the cosmetics and make-up industry involves several unique considerations, given the sector's highly competitive nature and the critical role of branding and trademark in consumer recognition and loyalty. Here are some special considerations to keep in mind:

1. Distinctiveness and Uniqueness

The cosmetics industry is saturated with brands, product lines, and trademarks, making distinctiveness crucial. A name that's too generic or descriptive (such as "Long Lasting Lipstick") might not qualify for trademark protection because it fails to distinguish the products of one company from those of another. Creativity in naming your cosmetics line can help ensure it stands out and is eligible for trademark protection.

2. Comprehensive Trademark Search

Given the crowded nature of the market, conducting a thorough trademark search before attempting to register a new name is essential. This search should extend beyond identical matches to include similar names or phonetically similar names that could confuse consumers. The goal is to avoid potential legal disputes and ensure that your trademark doesn’t infringe on existing trademarks.

3. International Considerations

Cosmetics brands often aim for a global market presence. Therefore, it's important to consider trademark protection not only domestically but also in key international markets. Utilizing international trademark systems such as the Madrid Protocol can offer a streamlined process for securing trademarks in multiple jurisdictions. However, each country has its own rules and sensitivities, particularly concerning cultural perceptions of beauty, which can influence trademark approval.

4. Product Line Expansion

Cosmetics brands frequently expand their product lines, introducing new categories of products under the same brand name. When trademarking a name, consider the future direction of your brand and ensure that your trademark application is broad enough to cover potential new product categories. This foresight can prevent the need for additional trademarks and simplify brand management.

5. Counterfeiting and Copycats

The cosmetics industry is particularly vulnerable to counterfeiting and copycat products. A strong, registered trademark can provide legal recourse against counterfeiters and imitators, helping to protect the brand's reputation and consumer safety. Enforcement strategies should be considered from the outset, including monitoring online marketplaces and working with customs and border protection in various countries to block counterfeit goods.

6. Online Presence and Domain Names

In today’s digital marketplace, securing your online presence is as important as securing your trademark. Ensure that you can obtain the corresponding domain name and social media handles for your trademarked name. This not only strengthens your brand's online identity but also helps prevent cybersquatting, where others register domain names to sell them at inflated prices or misuse them.

7. Consumer Perception and Trends

In the fast-paced beauty industry, consumer perceptions and trends can shift rapidly. While trademarking a name that taps into current trends might seem advantageous, it's also important to consider the longevity of the brand name and its ability to adapt to future market changes. A name that’s too trendy might not age well, limiting the brand’s long-term appeal.

8. Regulatory Compliance

Cosmetics are subject to regulatory scrutiny, and the name of a product or brand could have implications for compliance. For example, a name that implies medical benefits (like "Acne Cure Foundation") might require approval from regulatory bodies such as the FDA in the United States. Ensuring that your trademarked name complies with these regulations is crucial to avoid costly rebranding or legal challenges.

Class Description
3 Cosmetic preparations
3 Cosmetic pencils
3 Cosmetic milks
3 Cosmetic pads
3 Cosmetic balls
3 Cosmetic oils
3 Cosmetic creams
3 Cosmetic rouges
3 Cosmetic masks
11 Cosmetic refrigerators
21 Cosmetic spatulas
21 Cosmetic brushes
44 Cosmetic electrolysis
44 Cosmetic dentistry
44 Cosmetic analysis
3 Cosmetic soaps
3 Lotions for cosmetic purposes
3 Greases for cosmetic purposes
3 Cosmetic facial blotting papers
3 Gauze for cosmetic purposes
3 Beauty care cosmetic products
3 Gels for cosmetic purposes
3 Adhesives for cosmetic use
3 Astringents for cosmetic purposes
3 Glitter for cosmetic purposes
3 Milk for cosmetic purposes
3 Cosmetic hair dressing preparations
3 Cleaner for cosmetic brushes
3 Cotton for cosmetic purposes
3 Cosmetic suntan preparations
3 Oils for cosmetic purposes
3 Cosmetic preparations against sunburn
3 Cleansing creams [cosmetic]
3 Pre-moistened cosmetic wipes
3 Chalk for cosmetic use
3 Pre-moistened cosmetic towelettes
3 Pre-moistened cosmetic tissues
3 Cosmetic tanning preparations
3 Cosmetic sunscreen preparations
3 Cosmetic sun milk lotions
3 Cosmetic skin fresheners
3 Cosmetic nourishing creams
3 Cosmetic hand creams
3 Cosmetic cotton wool
3 Cosmetic white face powder
3 Cosmetic sun oils
3 Henna for cosmetic purposes
3 Cosmetic sun-tanning preparations
3 Cosmetic sun-protecting preparations
3 Cosmetic suntan lotions
3 Cosmetic massage creams
3 Pencils for cosmetic purposes
44 Cosmetic eyebrow care services
3 Adhesives for cosmetic purposes
3 Cosmetic preparations for eyelashes
16 Cosmetic removing paper
3 Cosmetic preparations for baths
16 Cosmetic pencil sharpeners
44 Cosmetic surgery services
44 Cosmetic and plastic surgery
44 Cosmetic tattooing services
44 Cosmetic skin care services
44 Cosmetic face care services
3 Cosmetics and cosmetic preparations
18 Cosmetic bags sold empty
18 Cosmetic cases sold empty
3 Non-medicated cosmetic soap
3 Cosmetic nail preparations
44 Cosmetic body care services
5 Medicated cosmetic soap
3 Cosmetic bath salts
3 Pomades for cosmetic purposes
11 Beauty and cosmetic sterilizing pouches
3 Amla oil for cosmetic purposes
3 Cosmetic preparations for slimming purposes
3 Paraffin wax for cosmetic purposes
3 Nutritional oils for cosmetic purposes
3 Face creams for cosmetic use
3 Coconut oil for cosmetic purposes
3 Castor oil for cosmetic purposes
3 Argan oil for cosmetic purposes
3 Cotton balls for cosmetic purposes
3 Petroleum jelly for cosmetic purposes
3 Cotton swabs for cosmetic purposes
3 Cotton sticks for cosmetic purposes
3 Suntan oils for cosmetic purposes
3 Cosmetic hair regrowth inhibiting preparations
3 Cosmetic preparations for skin renewal
3 Eye compresses for cosmetic purposes
3 Shea butter for cosmetic purposes
3 Tissues impregnated with cosmetic lotions
3 Retinol cream for cosmetic purposes
3 Cotton puffs for cosmetic purposes
3 Cotton wool for cosmetic purposes
3 Cosmetic preparations for body care
3 Cosmetic oils for the epidermis
3 Cosmetic creams for skin care
3 Cocoa butter for cosmetic purposes
3 Flower essences for cosmetic purposes
3 Almond milk for cosmetic purposes
3 Hydrogen peroxide for cosmetic purposes
3 Bleaching preparations for cosmetic purposes
3 Cotton buds for cosmetic purposes
3 Bath oils for cosmetic purposes
3 Cosmetic preparations for nail drying
3 Cleansing milk for cosmetic purposes
3 Cosmetic preparations for skin care
3 Mask pack for cosmetic purposes
20 Lounge chairs for cosmetic treatments
3 Rose oil for cosmetic purposes
3 Nail varnish for cosmetic purposes
3 Spirit gum for cosmetic use
3 Botulinum toxin for cosmetic use
3 Cosmetic preparations, namely, skin balsams
3 Cosmetic preparations, namely, firming creams
3 Cosmetic preparations, namely, firming lotions
21 Microdermabrasion sponges for cosmetic use
16 Paper tissues for cosmetic use
18 Cosmetic carrying cases sold empty
44 Online cosmetic skincare consultation services
44 Color analysis for cosmetic purposes
44 Non-invasive cosmetic medical procedures
3 Coloring preparations for cosmetic purposes
3 Bay rums for cosmetic use
3 Collagen preparations for cosmetic purposes
3 Massage candles for cosmetic purposes
3 Lip stains for cosmetic purposes
3 Decorative transfers for cosmetic purposes
10 Facial toning machines for cosmetic use
10 Medical devices for nonsurgical cosmetic treatments
3 Cosmetic products for the face and body
3 Cosmetic preparations and products for skin care
3 Skin conditioning creams for cosmetic purposes
3 Cosmetic preparations for the hair and scalp
3 Topical skin sprays for cosmetic purposes
3 Grape seed oil for cosmetic use
3 Aloe vera gel for cosmetic purposes
3 Cotton wool buds for cosmetic use
3 Cotton wool balls for cosmetic use
3 Aloe vera preparations for cosmetic purposes
21 Droppers sold empty for cosmetic purposes
21 Non-woven fabric cosmetic wipes [not paper]
21 Cosmetic spatulas for use with depilatory preparations
5 Nutritional oils not for cosmetic purposes
44 Performing cosmetic surgical procedures for vaginal rejuvenation
44 Cosmetic services, namely, non-permanent hair removal
44 Beauty spa services, namely, cosmetic body care
44 Facial treatment services, namely, cosmetic peels
3 Oil removing papers for cosmetic purposes
3 Topical herbal extracts for cosmetic purposes
3 Shaving stones being astringents for cosmetic purposes
3 Alum stones being astringents for cosmetic purposes
5 Dietary supplements with a cosmetic effect
3 Cosmetic preparations for bath and shower
10 Organoleptic diagnostic testing apparatus for medical, dental or cosmetic use
10 Cosmetic apparatus using ultrasound for performing aesthetic skin treatment procedures
10 Lasers for the cosmetic treatment of the face and skin
3 Decorative transfers and skin jewels for cosmetic purposes
3 Cosmetic preparations and products for dry skin during pregnancy
3 Cosmetic preparations and products for enhancing the breasts
3 Non-medicated hair treatment preparations for cosmetic purposes
3 Mineral powder for use in cosmetic body wrap applications
3 Wrinkle-minimizing cosmetic preparations for topical facial use
3 Cosmetic olive oil for the face and body
3 Cosmetic products in the form of aerosols for skincare
3 Cosmetic products in the form of aerosols for skin care
20 Capsules sold empty for beauty care and cosmetic products
3 Perfume oils for the manufacture of cosmetic preparations
3 Gift baskets containing non-medicated bath preparations and cosmetic preparations
21 Manual cosmetic cleaners, namely, non-woven fabric wipes and sponges
5 Nutritional oils not for food or cosmetic purposes
44 Cosmetic body care services in the nature of body wraps
44 Health spa services, namely, cosmetic body care services
44 Dental services, namely, performing restorative and cosmetic procedures
44 Skin tanning service for humans for cosmetic purposes
44 Airbrush skin tanning services for humans for cosmetic purposes
3 Cosmetic preparations for the care of mouth and teeth
3 Face creams and cleansers containing benzoyl peroxide for cosmetic purposes
3 Cotton wool and cotton sticks for cosmetic purposes
44 Cosmetic hair removal by means of {specify, e.g., waxing, sugaring, etc.}
3 Cosmetic body scrubs for the {specify, e.g., face, feet, hands, etc.}
1 Unprocessed silicone resins for use in the manufacture of personal care and cosmetic compositions
1 Plant extracts for use in the manufacture of creams, lotions and cosmetic products
3 Cosmetic preparations for removing gel nails, acrylic nails, and nail polish
3 Non-foaming cosmetic preparations for {indicate type, e.g., skin, face, body, etc.}
1 Silicones for use in the manufacture of personal care and cosmetic compositions
1 Functionalized silicones for use in the manufacture of personal care and cosmetic compositions
3 Cosmetic products taken orally, namely, pills that induce bronzing of the skin
3 Non-medicated cosmetic skin care preparations consisting of organic coconut virgin oil and coconut virgin oil
3 Skin and body topical lotions, creams and oils for cosmetic use
3 Cosmetic preparations for protecting the skin from the sun's rays
3 Tooth whiteners for cosmetic purposes comprised of neutral sodium fluoride sustained release gel
44 Provide a website featuring information about holistic cosmetic and plastic surgery practice
44 Cosmetic and plastic surgery, namely, a minimally invasive face/neck lift done under local anesthesia
44 Medical spa services, namely, minimally and non-invasive cosmetic and body fitness therapies
44 Cosmetic skin care services, namely, {indicate specific service, e.g., facials, chemical peels, microdermabrasion, etc.}
3 Cosmetic body care preparations, namely, {specify, e.g., body scrubs, non-fragranced shower gels, etc.}
3 Pomades for {indicate specific type, e.g., hair, lip, etc.} for cosmetic purposes
10 Lasers for the cosmetic treatment of {indicate specific parts of the body, e.g., the face, skin, hair follicles, etc.}
44 Cosmetic eyebrow care services in the nature of {indicate type of service, e.g., eyebrow shaping, eyebrow design, tinting, etc.}
21 Applicators sold empty for applying cosmetic lotions for {indicate specific type, e.g., skin, hair, face, body, etc.}
10 Cosmetic apparatus, namely, light based devices providing mainly pulsed light for performing non-ablative aesthetic skin treatment procedures
44 Cosmetic body care services, namely, providing temporary body art consisting of hand drawn designs applied to the body
44 Cosmetic laser treatment of {indicate specific condition being treated, e.g., varicose veins, toenail fungus, spider veins, hair, tattoos, etc.}
44 Providing weight loss programs and cosmetic body care services in the nature of non-surgical body contouring
3 Cosmetic hair filling {indicate form, e.g., sprays, powders, fibers, etc.} for covering bald and thinning spots on the scalp
35 Administering discount medical, cosmetic and aesthetic service programs, namely, negotiating contracts with providers of medical, cosmetic and aesthetic services, to enable participant members to obtain discounts on the purchase of medical, cosmetic and aesthetic products and services through the use of discount membership cards
44 Health spa services for health and wellness of the body and spirit, namely, providing massage, facial and body treatment services, cosmetic body care services
35 Advertising services, for third parties, in connection with the commercialization and sale of perfumery and cosmetic articles, products for household purposes, optical products, clocks and timepieces, jewellery, furnishing articles
3 Beauty beverages, namely, fruit juices and energy drink containing nutritional supplements, vitamin and mineral supplements, nutritional additives for use in foods and dietary supplements for human consumption, plant and herb extracts for cosmetic purposes and made available through health care and beauty product categories
3 Cosmetics
5 Medicated cosmetics
3 Cosmetics for animals
3 Eyebrow cosmetics
3 Nail cosmetics
42 Cosmetics research
3 Cosmetics for children
42 Testing of cosmetics
3 Nail primer [cosmetics]
1 Protein for use in the manufacture of cosmetics
3 Cosmetics, namely, lip primer
3 Decorative transfers for use as cosmetics
3 Chemicals sold as components of cosmetics
3 Lip stains [cosmetics]
3 Skin fresheners [cosmetics]
3 Solid powder for compacts [cosmetics]
3 After-sun gels [cosmetics]
3 Private label cosmetics
3 Tanning oils [cosmetics]
3 Tanning milks [cosmetics]
3 Tanning gels [cosmetics]
3 After-sun oils [cosmetics]
3 After-sun milks [cosmetics]
3 Cosmetics, namely, lip repairers
3 Self-tanning preparations [cosmetics]
3 Cosmetics, namely, compacts
3 Cosmetics in general, including perfumes
3 Nail paint [cosmetics]
4 Beeswax for use in the manufacture of cosmetics
2 Colorants for use in the manufacture of cosmetics
4 Lanolin for use in the manufacture of cosmetics
1 Vitamins for use in the manufacture of cosmetics
5 Antimicrobial preservatives for cosmetics and pharmaceuticals
42 Cosmetics research for others
1 Antioxidants for use in the manufacture of cosmetics
3 Skin moisturizers used as cosmetics
28 Children's play cosmetics
3 Non-medicated cosmetics
3 Collagen preparations for cosmetics purposes
3 Foams containing cosmetics and sunscreens
28 Toy imitation cosmetics
3 Bath powder [cosmetics]
3 Cosmetics for non-domestic animals
3 Colognes, perfumes and cosmetics
3 Cosmetics and make-up
3 Body and beauty care cosmetics
1 Chemical additives for use in the manufacture of cosmetics
3 Temporary tattoo transfers for use as cosmetics
1 Wetting agents for use in the manufacture of cosmetics
3 Impregnated cleaning pads impregnated with cosmetics
4 Lanolin for use in the manufacture of cosmetics and ointments
3 Cosmetics in the form of milks, lotions and emulsions
1 Tea extracts for use in the manufacture of cosmetics
21 Electrical applicators for applying cosmetics to the skin
21 Motorized applicators for applying cosmetics to eyelashes
42 Scientific research consulting in the field of cosmetics
1 Botanical extracts for use in making cosmetics
3 Anti-aging moisturizers used as cosmetics
3 Herbal extracts sold as components of cosmetics
1 Pigment dispersant for use in the manufacture of cosmetics
42 Cosmetics (Door to door selling in the field of)
1 Unprocessed synthetic resins for use in manufacturing cosmetics
1 Collagen used as a raw ingredient in the manufacture of cosmetics
1 Glutamic acid as raw materials for use in the manufacture of cosmetics
1 Emollient used as an ingredient in the manufacture of cosmetics, toiletries, and pharmaceuticals
1 Plant and herb extracts for use in the manufacture of cosmetics
1 Fermented rice bran for use in the manufacture of cosmetics
3 Foundation [not acceptable alone, but acceptable in a list of cosmetics]
3 Plant and herb extracts sold as components of cosmetics
5 Plant and herb extracts sold as components of medicated cosmetics
21 Battery-powered applicators for applying cosmetics to eyelashes
35 Marketing research in the fields of cosmetics, perfumery and beauty products
42 Testing, inspection or research of pharmaceuticals, cosmetics or foodstuff
3 Pore tightening mask packs used as cosmetics
3 Toners [not acceptable alone, but acceptable in a list of cosmetics]
3 Concealers [not acceptable alone, but acceptable in a cosmetics list]
3 Tanning and after-sun milks, gels and oils [cosmetics]
1 Perfluorinated chemical compounds prepared synthetically for use in the manufacture of cosmetics and pharmaceuticals
1 Antioxidants and proteins used in the manufacture of cosmetics, beverages, food products and food supplements
1 Lipids used in the manufacture of cosmetics, beverages, food products and food supplements
1 Aqueous aromatic additives for use in the manufacture of room fresheners and cosmetics
20 Display racks for {indicate merchandise, e.g., cosmetics, etc.}
20 Display cases for {indicate merchandise, e.g., cosmetics, etc.}
3 Teeth whitening strips impregnated with teeth whitening preparations [cosmetics]
3 Shampoos [not acceptable alone, but acceptable in a list of cosmetics or hair care products]
3 Cosmetics sold as an integral component of non-medicated skincare preparations
1 Vitamins for use in the manufacture of {specify, e.g., cosmetics, food products, etc.}
44 Beauty analysis to determine cosmetics that are best suited to particular individuals
35 Distributorships in the field of {indicate field, e.g. clothing, automotive parts, cosmetics}
3 Soaps [not acceptable alone, but acceptable in a list of cosmetics or a list of cleaning preparations]
4 Mineral oil for use in the manufacture of cosmetics and skin care products
1 Polymers and polymeric additives for use in the manufacture of pharmaceutical preparations, plastics, cosmetics, personal care products, coatings, adhesives, and lubricants
1 Chemical thickeners for use in the manufacture of {specify end product, e.g., adhesives, cosmetics, etc.}
4 Gels comprised of vegetable-based oils and vegetable-based waxes for use in the manufacture of cosmetics and toiletries
35 Marketing research services in the field of {specify, e.g., cosmetics, perfumery, restaurants, etc.}
3 Acrylic nail {specify form, e.g., powder or liquid} preparations for shaping or sculpting nails [cosmetics]
21 Foam applicator sticks for applying cosmetics, administering pharmaceuticals and cleaning machinery or computer hardware
42 Laboratory research in the field of {indicate specific field, e.g. bacteriology, chemistry, cosmetics}
42 Laboratory analysis in the field of {indicate specific field, e.g., bacteriology, chemistry, cosmetics, etc.}
42 Research in the field of {indicate tangible item(s) with physical properties, e.g., cosmetics, pharmaceuticals, new products, etc.}
44 Beauty consultation services in the selection and use of cosmetics, fragrances, beauty aids, personal care products, and bath, body and beauty products
39 Distribution services, namely, delivery of {indicate field or type of goods, e.g. clothing, automotive parts, cosmetics}
35 Providing consumer product advice relating to {specify goods, e.g., laptops, software, cosmetics, etc.}
35 Providing consumer product information relating to {specify goods, e.g., laptops, software, cosmetics, etc.}
35 Retail shop-at-home party services in the field of {indicate specific field, e.g., housewares, candles, cosmetics, etc.}
35 Shop-at-home parties featuring {indicate type of goods, e.g. cosmetics, housewares, lingerie, etc.}
35 Marketing services for the {indicate specific goods or services of others, e.g., hotels, cosmetics, jewelry, etc.} of others
35 Advertising, marketing and promotion services in the field of {specify field, e.g., cosmetics, automotive dealerships, etc.}
35 Catalog ordering service featuring {indicate specific field of goods, e.g. clothing, shoes, cosmetics}
35 Mail order catalog services featuring {indicate specific field of goods, e.g. clothing, shoes, cosmetics}
42 Retail sale of [indicate specific goods, e.g. cosmetics, housewares, lingerie] by means of home parties
3 Make-up kits comprised of {indicate non-medicated cosmetics, e.g., lipstick, lip gloss, etc.}
21 Caddies for holding {specify household items, e.g., cosmetics, cleaning brushes, etc.} for household use
42 Door to door selling in the field of {indicate specific fields, e.g. cosmetics, brushes}
42 Parties (Retail sale of {indicate specific goods, e.g. cosmetics, lingerie, housewares} by means of home)
42 Home parties (Retail sale of {indicate specific goods, e.g. cosmetics, housewares, lingerie} by means of)
4 Gels comprised of plant-based oils and plant-based waxes for use in the manufacture of cosmetics and toiletries
1 Sodium hyaluronate for {indicate area of use or industry, e.g., use in the manufacture of pharmaceuticals, cosmetics, etc., or indicate for a wide variety of goods, if accurate}
1 Glycerine for use in the manufacture of {indicate general nature of items, e.g., food, pharmaceuticals, cosmetics or indicate for a wide variety of goods, if accurate}
1 Glycerol for use in the manufacture of {indicate general nature of items, e.g., food, pharmaceuticals, cosmetics or indicate for a wide variety of goods, if accurate}
1 Polymers and polymeric additives for use in the manufacture of pharmaceutical preparations, medical devices, plastics, cosmetics, personal care products, coatings, adhesives, and lubricants
1 Chemical additives for use in the manufacture of {indicate general nature of items, e.g., food, pharmaceuticals, cosmetics or indicate for a wide variety of goods, if accurate}
35 On-line retail store services featuring subscription boxes containing {indicate items featured, e.g., clothing, cosmetics, quilting supplies, etc.}
35 Administration of a consumer membership program for enabling participants to receive product samples and discounts in the field of {indicate specific field of goods, e.g. clothing, cosmetics, etc.}
1 Proteins for use in the manufacture of {indicate general nature of item, e.g., cosmetics, beverages, food products and food supplements, etc., or indicate for a wide variety of goods, if accurate}
1 Antioxidants for use in the manufacture of {indicate general nature of item, e.g., cosmetics, beverages, food products and food supplements, etc., or indicate for a wide variety of goods, if accurate}
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