INTERNATIONAL CLASS 3

(Cosmetics, toiletries and cleaning)

GENERAL SCOPE OF CLASS 3: Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrice.

RELATED INTERNATIONAL CLASSES
1	Chemicals
5	Medicated preparations such as skin lotions, shampoo, sunburn creams
14	Jewelry
18	Bags such as cosmetic bags sold empty
21	Cosmetic utensils
25	Clothing
35 (for-mer 42)	Retail store services
44 (for-mer 42)	Beauty salons, hair styling services, health spas

IDENTIFICATION/CLASSIFICATION OF GOODS GUIDELINES

IN GENERAL:

Body care preparations and toiletries are normally identified simply by their common names. The use and field of use is generally self-evident. In some cases involving unusual cosmetic or toiletry items, clarifying language as to the nature and use may be necessary. Although “cosmetic preparations” is an acceptable ID, “cosmetic products” is unacceptable because it could include goods in other classes.

Cleaning, polishing and other related preparations for inanimate objects and surfaces should generally be identified by the specific type of preparation and by the industry or field of use.

Perfumery is acceptable if it is listed with other Class 3 goods.

INDEFINITE TERMINOLOGY:

· Cleaner – specify type, use/industry/field of use

· Deodorants – specify whether for personal (Class 3) use or other use (Class 5). Deodorants is acceptable if it is in a list of other cosmetic or toiletry items.

· Essential oils – specify whether for personal use or manufacturing/industrial use (both are in Class 3)

· Fragrances – specify whether for personal use (class 3) or for manufacturing use (class 1)

· Lotions – specify type., such as skin lotions, body lotions, face lotions.

· Shampoo – specify whether hair, carpet, pet, upholstery. Shampoo is acceptable without further clarification if it is in a list of cosmetic or body care products.

· Skin care preparations – specify non-medicated and particular items. If medicated, the skin care preparations are in class 5.

· Soap – specify whether for personal use or other use, e.g. laundry or dish soap. Soap is acceptable without further clarification if it is in a list of cosmetic or body care products.

· Toiletries – specify particular items

· Cosmetic bags – if sold empty (class 18), if sold with cosmetics (class 3).

SPECIAL ISSUES

§2(d) Situations

Class 3 Goods v Non-Class 3 Goods

Skin cream v. vitamins: In re Pharmavite Pharmaceuticals Corporation, 193 USPQ 511 (TTAB 1976) [PHARMAVITE v. PHARMA VITE; examiner affirmed because evidence showed that applicant’s skin cream was enriched with vitamins.]

Cosmetics v. Jewelry: In re Deutsche Calypsolgesellschaft MBH & Co., 220 USPQ 922 (TTAB 1983) [ SKYLINE v. SKYLINE; examiner reversed]

Cosmetics v. Clothing: See cases and discussion In re Deutsche, supra. See also In re Arthur Holland, Inc., 192 USPQ 494 (TTAB 1976) and cases cited therein [LEVI’S v. LEVIS’S; examiner affirmed] NOTE: Cosmetics and clothing are generally not cited against each other unless the marks look like designer name marks.

Class 3 Goods v Class 3 Goods

Hair care preparations v. artificial fingernail kits: In re American Beauty Products Company, Inc., 223 USPQ 828 (TTAB 1984) [REJUVA CURL v. REJUVA NAIL; examiner affirmed]

Hand Cleaner v All-purpose household cleaners.: The Proctor & Gamble Company, v. Citrus Resources, Inc., 189 USPQ 112 (TTAB 1975).

§2(e)(1) Situations

Ingredient names, colors, scents, and textures (eg matte, gloss) are considered descriptive for cosmetics and toiletries. These are disclaimed unless the mark is unitary.

In re Gyulay, 3 USPQ2d 1009 (CAFC 1987) (APPLE PIE held descriptive for potpourri because it described the smell of the goods)