Trademark Class for Cosmetics and Skincare in India: Class 3 (and When It Is Class 5)

Short answer: Cosmetics and skincare products are Class 3 in India, as long as they are not medicated. Make-up, skin and hair care, soaps, shampoos, hair oil, perfumes, attar and deodorants for people are all Class 3. A medicated version, such as a medicated shampoo, soap or acne treatment, is Class 5. A beauty salon is a Class 44 service, and a store selling other brands is Class 35.

What Class 3 covers

Class 3 covers non-medicated cosmetics and toiletries. That includes skin, hair and nail care, make-up, soaps and shampoos, toothpaste and mouthwash without medical claims, deodorants for people and animals, perfumes and attar, and essential oils for cosmetic or fragrancing use.

The same class also takes some products beauty brands may not expect: agarbatti and dhoop, room fragrances, laundry detergent and household cleaners, shoe polish and floor wax. Cosmetic-use henna cones, rose water, cosmetic wipes and non-medicated sunscreen are Class 3 too.

Class 3 or Class 5: the medicated line

The deciding question is whether the product is sold as a medicine or with a medical claim. The Class 5 note takes medicated shampoos, soaps, lotions and toothpaste out of Class 3. Some common pairs:

• Shampoo, soap and toothpaste: Class 3 if non-medicated, Class 5 if medicated.
• Skin care: a non-medicated moisturiser or face wash is Class 3; an acne treatment preparation is Class 5.
• Petroleum jelly: Class 3 for cosmetic use, Class 5 for medical use (and Class 4 for industrial use).
• Floral water: rose water for cosmetic use is Class 3; floral water for medicinal purposes is Class 5.
• Wipes: cosmetic and baby wipes are Class 3; wipes impregnated with disinfectant are Class 5.
• Deodorants: for the body, Class 3; air deodorisers that neutralise smells in rooms are Class 5, while room fragrances stay in Class 3.

Beauty products that are not Class 3

Several items sold alongside cosmetics belong to other classes because of what they are, not who sells them:

• Make-up brushes, combs and sponges: Class 21.
• Razors, nail clippers and emery boards: Class 8.
• Scented candles: Class 4, with other candles. Only massage candles for cosmetic purposes are Class 3.
• Ingredients sold to cosmetic manufacturers, such as vitamins, preservatives and essential oils for manufacture: Class 1.
• Coconut oil sold as an edible cooking oil: Class 29. The same oil sold for hair or skin is Class 3.

Salons, clinics and online stores

Services sit in their own classes. A beauty salon, spa, barber or skin clinic is a Class 44 service. Selling cosmetics in a shop or online is a retail service in Class 35.

If you sell only your own brand, Class 3 already protects the name on your products wherever they are sold. Add Class 35 if your store or website name is a brand in its own right, and certainly if you stock other brands. A brand that also runs salons under the same name should add Class 44.

Quick reference: beauty products and their classes

Check anything not listed here in the trademark class finder.

Before you file a cosmetics trademark

Class 3 is a crowded class, and words that describe the product or its effect, such as herbal, natural, glow or fresh, are weak on their own and commonly draw objections under Section 9 of the Trade Marks Act. A coined or unusual name is easier to register and to enforce. Search both Class 3 and Class 5 before you settle on a name, because a similar mark for a medicated product can still be cited against you.

The government fee is Rs 4,500 per class online for an individual, a DPIIT-recognised startup or a small enterprise, and Rs 9,000 per class for others; see the trademark registration fees. Trademark registration is separate from the manufacturing licence or import registration that cosmetics need under the Drugs and Cosmetics Act, 1940 and the Cosmetics Rules, 2020. One does not replace the other.