Twitmark Express

TradeMark Express has joined the twitter party finally. I've been toying around with the idea for awhile and finally got around to it.

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Trademark International Class: Class 36 (Insurance and Financial Services)

All goods or services are categorized within International Classes (IC hereafter). Goods run from classes IC 1-34, while Services are in IC 35-45. Please see a complete chart here. Let's take a closer look at one of these trademark classes – class 36.

What is International Class 36 All About?

Each class has a short title heading that gives a snapshot of what that class is all about -- IC 36's short title is insurance and financial services. The USPTO has 724 accepted descriptions that fit into IC 36; check them out here.

Almost anything you can think of that’s in the insurance or financial fields is going to be in IC 36. This is going to include services like investing, appraising, banking or credit unions and real estate services that delve into finance (brokerage, listing, escrow, management).

What's New for International Class 36?

The classification guide is constantly being updated with new goods or services. As the marketplace changes, the trademark office must adapt. Here are some of the 2009 listings for international class 36, good plus date added to the guide:

• Charitable fund raising services by means of a golf event 6 Aug 09
• Electronic financial trading services 10 Sep 09
• Financial services, namely, raising debt and equity capital for others 17 Sep 09
• Providing a website featuring non-downloadable videos in the field of financial planning 26 Mar 09

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Trademark International Class: Class 35 (Advertising and Business Services)

All goods or services are categorized within International Classes (IC hereafter). Goods run from classes IC 1-34, while Services are in IC 35-45. Please see a complete chart here. Let's take a closer look at one of these trademark classes – class 35.

What is International Class 35 All About?

Each class has a short title heading that gives a snapshot of what that class is all about -- IC 35's short title is advertising and business services. Pretty vague, eh? The USPTO has 1476 accepted descriptions that fit into IC 35; check them out here.

The first part of IC 35’s description, advertising, is straightforward. If it’s advertising, marketing or promoting services that are being offered, then IC 35 is where it goes. Now there are going to be some exceptions, as with anything related to trademarks.
Tangible advertising goods, such as signs, flyers, brochures, are NOT going to be in IC 35 as those items are not technically a service though are definitely part of a service; tangible paper-based advertising goods are in IC 16. Training, coaching, educating, etc. about advertising, marketing or promotion is NOT going to be in IC 35 but rather in IC 41, which is the educational class.

The second part of IC 35’s description, business services, is not straightforward at all. Semantically, all services could be considered as business services, yes? No way says the trademark powers that be; at least no way if those services can fit within a different international classification.

So What Business Services are in International Class 35?

Ooh this is a tough nut to crack as there are definitely some discernible patterns within this class but there’s a whole lot of slap-dash in here too. Here’s a general breakdown:

• If your services consist, in part, of the word business, you’re likely in IC 35. This includes consulting, advising, administration, management, development, information, organization, research, planning, etc.

• Employment services are in this class, which includes hiring, recruiting, placement, staffing and career networking.

• Retail services selling ANY products under the sun, which means a brick and mortar store, online retail sites, mail order, catalog, wholesale, etc.

Obviously there’s a whole host of other services in IC 35. If you’re wondering about your services, feel free to email me.

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Yadda Yadda Yadda

The suit against Jerry Seinfeld's author wife, Jessica, has come to an end. The District Court dismissed all claims set forth by Missy Chase Lapine; however, there apparently is still the matter of the defamation claims stemming from Jerry Seinfeld's remarks on the David Letterman show. Read the entire article here.

New McRuling

In Malaysia, local restauranteurs McCurry won an 8 year legal battle against McDonald's for the right to use the Mc- prefix. The McReign of McDonald's seems to be nearing an end as long as other restaurants serve food that is different enough from McDonald's so as not to confuse customers. Read the entire article here. This ruling will undoubtedly result in a McBurst of new restaurants.

Trademark International Class: Classes 32 & 33 (Light beverages; Wines and spirits)

All goods or services are categorized within International Classes (IC hereafter). Goods run from classes IC 1-34, while Services are in IC 35-45. Please see a complete chart here. Let's take a closer look at a group of these trademark classes – classes 32 & 33.

What are International Classes 32 & 33 All About?

These 2 classes represent the beverage classifications for trademarks. Class 32 is light beverages and has 182 possible descriptions; class 33 is wines and spirits & has 129 possible descriptions.

Almost any non-alcoholic beverage is in IC 32 except beer, which is in IC 32. This class includes waters, juices, sodas as well as syrups and essences used in making non-alcoholic beverages.

IC 33 is going to be any type of liquor, wine or spirit. Also included are syrups and essences using in making alcoholic beverages.

Geographical Indications for Wines & Spirits

Wines and spirits get a special little section of their own in the Trademark Manual of Examining Procedure and it's all about location, location, location. When a geographic name is used as part of a name for wine or spirits, the USPTO has all kinds of things to say about that. Let's break it down by what they say and what that means:

Geographical Indications Used on Wines and Spirits That Do Not Originate in the Named Place

"Geographical indications" are defined...as "indications which identify a good as originating in the territory of a Member, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin." ... Obscure areas or those that do not have a reputation or other characteristics generally associated with wines or spirits should not be prohibited from registration (emphasis added).

Clear as a bell, eh? Basically this means that USPTO will refuse a mark that contains a place name if (1) the place is known for that particular good (e.g. Champagne, France as cited in the refusal against Champagne from Spain AND (2) your goods do not originate from that place, as in the champagne example.

There is an exception and that's for obscure areas or for areas that don't necessarily have a reputation for wine or spirits, such as with Tropical Liqueurs of Florida.

Geographical Indications Used on Wines and Spirits That Originate in the Named Place

This one's a bit easier to understand. Here's what the USPTO says:

"If the wines or spirits originate in the identified place, and the primary significance of the mark is a generally known geographic location, the examining attorney should presume the requisite goods/place association, and refuse the mark under §2(e)(2) as geographically descriptive, or require disclaimer of the geographic term, as appropriate."

This is talking about wines or spirits that do originate in a known geographic location and the above has a two-fold explanation.

First, if the ENTIRE mark is the name of the place, the USPTO will refuse it on the grounds that it's descriptive, as they did with Shampagne. As you can see in this case, even an alternate spelling does not bypass the descriptive refusal.

Second, if a PORTION of the mark is the name of the place, the USTPO will require a disclaimer of that portion, as they did with Bialla Napa Valley.

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Retweet This

Last Thursday, Twitter filed a Federal trademark application for RETWEET for three different classes. Take a look at the record here.

What does this mean for the 4.9 million uses found online? Does this mean Twitter's going to start sending out please-stop-using-our-trademark-as-a-verb letters a la Google?

Trademark International Class: Classes 29, 30 & 31

(Meats & processed foods; Staple Foods; Natural agricultural products)

All goods or services are categorized within International Classes (IC hereafter). Goods run from classes IC 1-34, while Services are in IC 35-45. Please see a complete chart here. Let's take a closer look at a group of these trademark classes – classes 29, 30 & 31.

What are International Classes 29, 30 & 31 All About?

These 3 classes represent the food classifications for trademarks. Class 29 is meats & processed foods and has 699 possible descriptions; class 30 is staple foods & has 900 possible descriptions; class 31 is natural agricultural products and has 345 possible descriptions.

Meats, poultry, seafood, game are, of course, going to be in IC 29. Also within that class are things like oils, frozen foods composed primarily of meat or fish, canned meats, fruits & vegetables. Nearly anything you'd find at the butcher or in most of the food aisles is going to be in IC 29.

IC 30 are for goods you find in your baking aisle and also includes things like coffee, tea, flavorings, noodles, breads, etc.

Most anything you find in the produce section is going to be in IC 31. Also included are things like fresh flowers and things that are alive be they animals or Christmas trees.

How do I file in International Classes 29, 30 or 31?

Filing in any of the food classes has the same process as any other name. First, comprehensive research is needed to ensure that the name is legally available. That research should entail looking at the ENTIRE of the food and beverage industry. There can be some crossover when it comes to the same or similar name within the entirety of the industry but each situation is different. Let's look at a couple of examples:

1) In 1948, Bluebird was filed for canned fruits and juices in IC 29

2) In 1972, Bluebird was filed for ham & pork in IC 29

3) Fast forward 20+ years when the USPTO was a lot stricter and you'll find that Bluebird was still able to be registered for snack cakes in IC 30.

This does NOT mean that same or similar names can be trademarked all over the food & beverage industry. Again, like with anything trademark related, it's taken on a case by case basis.

For example, Jack Daniel's has attempted to oppose numerous filings food products using either the name Jack or Daniel. Sometimes they succeed as they did with Whiskey Jack and sometimes they don't such as with Doc Jack's.

As you can see, filing a name or logo within the food and beverage industry can be complex so be sure to get the proper help first.

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Trademark International Class: Class 28 (Toys and sporting goods)

All goods or services are categorized within International Classes (IC hereafter). Goods run from classes IC 1-34, while Services are in IC 35-45. Please see a complete chart here. Let's take a closer look at one of these trademark classes – class 28.

What is International Class 28 All About?

Each class has a short title heading that gives a snapshot of what that class is all about -- IC 28's short title is toys and sporting goods. But, as with anything trademark, there's more to it than that. The USPTO has 1317 accepted descriptions that fit into IC 28; check them out here.

This class is fairly straightforward -- essentially almost any tangible item that's used in play or as part of a sport is going to be living here. This includes things like balls, bats, paddles, rackets, nets, poles, boards, pucks, sticks, clubs and on and on. Bags for specific sports are in this class, while all-purpose sporting bags are in IC 18.

Almost (emphasis on this word) any toy you can think of is going to be in this class. There are some exceptions for different products that you'd think would fall into this class - video games are in IC 9 but hand held and stand alone video games machines are in IC 28; arts and craft kits are in IC 16; costumes are in IC 25 while masks are in IC 28.

What Else is in International Class 28?

Seems like with any of these trademark classes, there always seems to be the oddball item or two and IC 28 is no exception. Here are a few items living in IC 28 that seem a bit weird:

• aquatic canine treadmill
• Christmas tree ornaments, decorations and stands
• confetti
• lottery cards and tickets

What's New for International Class 28?

The classification guide is constantly being updated with new goods or services. As the marketplace changes, the trademark office must adapt. Here are some of the 2009 listings for international class 28, good plus date added to the guide:

• Amusement devices, namely, bounce houses in the nature of an air inflated cushion in an air inflated structure 23 Apr 09
• Arm bands for designating team member positions in sports activities 30 Apr 09
• Educational toys in the nature of an illustrated wall map 08 Jan 09
• Game equipment set sold as a unit comprised primarily of a playing board and playing cards and also including rules of play, dry erase boards and erasers, markers, a timer and T-shirts 25 Jun 09

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Gonna Keep Going

Looking over the blog's stats I can tell that all the different international classification posts have been fairly popular. Given that, I'm going to keep on keeping on.

I wanted to give my readers a quick summary of the different classes I'll cover as well as any respective issues.

If you see something missing or you have a question (or five) about classes, please comment below & I'll be sure to post about it.

Left off at IC 25, clothing -- any other questions or issues not yet resolved for anyone?

Will write posts about:
IC 28
ICs 29, 30, 31
ICs 32, 33
- geographically deceptively misdescriptive marks (say that three times fast)

Then it'll be time to move on to Services and I'm thinking it'd be a good idea to write a post for each class, from IC 35 to IC 45. As I go along, I'll address any other side issues that seem to come up when talking about these classes. Of course, feel free to ask questions galore in the comments section.

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The House of Mouse is at it Again

And boy have they been busy bees...or er, mice? Disney filed 10 applications on June 24th for Mickey By... for a whole mess of products: toys, clothing, textiles, linens, fabrics, housewares, furniture, pillows, photo frames, bags, backpacks, luggage, books, publications, printed materials, jewelry, audio & video recordings, video games, cosmetics, fragrances. PHEW!

Trademark International Class: Class 25 (Clothing)

All goods or services are categorized within International Classes (IC hereafter). Goods run from classes IC 1-34, while Services are in IC 35-45. Please see a complete chart here. Let's take a closer look at one of these trademark classes – class 25.

What is International Class 25 All About?

Each class has a short title heading that gives a snapshot of what that class is all about -- IC 25's short title is clothing. But, as with anything trademark, there's more to it than that. The USPTO has 887 accepted descriptions that fit into IC 25; check them out here.

IC 25 is pretty straightforward in that clothing of virtually any type you can think of is going to be here. The exceptions are clothing that's of a protective nature (e.g. bulletproof vests, clothing worn by motorcyclists for protection against injury), which, oddly enough, is in IC 9

How do I File in IC 25?

Filing in IC 25 is a bit different from other goods classes in terms of the required specimen. When it comes to clothing, the best thing to send to the USPTO is either a tag or a label. This makes it clear that the name and/or logo is being used for a clothing line. Your specimen can be a tag that's attached to the garment, such as a hang tag, or it can be a tag that's sewn into the garment.

The USPTO will no longer accept a picture of, for instance, a t-shirt with the name appearing only on the front. Those days are over. The USPTO considers this ornamental as it's "conveying a message rather than indicating the source of the goods."

What Else is in International Class 25?

Seems like with any of these trademark classes, there always seems to be the oddball item or two and IC 25 is no exception. Here are a few items living in IC 25 that seem a bit off:

• gift packages sold as a unit consisting primarily of a sweatshirt and also including a photo frame, a coffee mug, and a tote bag
• race number belts that hold a paper number on the race participant's front or back during competition
• undergarment accessories, namely, removable silicone buttock enhancer pads

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Trademark International Class: Class 20 (Furniture and articles not otherwise classified)

All goods or services are categorized within International Classes (IC hereafter). Goods run from classes IC 1-34, while Services are in IC 35-45. Please see a complete chart here. Let's take a closer look at one of these trademark classes – class 20.

What is International Class 20 All About?

Each class has a short title heading that gives a snapshot of what that class is all about -- IC 20's short title is furniture and articles not otherwise classified. Well, that's vague. The USPTO has 894 accepted descriptions that fit into IC 20; check them out here.

Furniture of all sorts (excepting toy furniture) is in IC 20. This includes many of the related accessories for furniture such as shoe racks, curtain rings & rods, mattresses & pillows, etc. Also included is a long list of non-metal objects such as handles, hooks, bolts, latches, hinges, etc. If any of those items are made of metal, that's going to be in IC 6.

What Else is in International Class 20?

Seems like with any of these trademark classes, there always seems to be the oddball item or two and IC 20 is no exception. Here are a few items living in IC 20 that seem a bit weird:

• animal parts such as claws, antlers, horns and teeth
• caskets
• decorative items such as glitter, plastic decoys, mobiles
• foam toe separators for use in pedicures

What's New for International Class 20?

The classification guide is constantly being updated with new goods or services. As the marketplace changes, the trademark office must adapt. Here are some of the 2009 listings for international class 20, good plus date added to the guide:

• Free-standing portable gun racks 14 May 09
• Life-size forms of the human body to display clothes 21 May 09
• Magnetized photo frames 19 Mar 09
• Statues of bone, ivory or plaster 21 May 09

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Trademark International Class: Class 18 (Leather goods)

All goods or services are categorized within International Classes (IC hereafter). Goods run from classes IC 1-34, while Services are in IC 35-45. Please see a complete chart here. Let's take a closer look at one of these trademark classes – class 18.

What is International Class 18 All About?

Each class has a short title heading that gives a snapshot of what that class is all about -- IC 18's short title is leather goods. But, as with anything trademark, there's more to it than that. The USPTO has 447 accepted descriptions that fit into IC 18; check them out here.

The short title, leather goods, is a bit misleading as there are a number of items that aren't made of leather that reside in this class. Bags, purses, backpacks, wallets, luggage, etc. are all classified in IC 18 regardless if made of leather or not. There are a few exceptions such as paper bags (IC 16), cloth bags for laundry or storage (IC 22), bags for carrying sports equipment such as bowling bags, golf bags (IC 28).

What Else is in International Class 18?

Seems like with any of these trademark classes, there always seems to be the oddball item or two and IC 18 is no exception. Here are a few items living in IC 18 that seem a bit off:

• artificial fur
• wading staff
• bitter tasting pet training aid in the form of a spray to prevent pets from licking, chewing and biting on objects
• alpenstock

What's New for International Class 18?

The classification guide is constantly being updated with new goods or services. As the marketplace changes, the trademark office must adapt. Here are some of the 2009 listings for international class 18, good plus date added to the guide:

• All-purpose reusable carrying bags 26 Mar 09
• Carriers for suits, shirts and dresses 02 Jul 09
• Dry bags 02 Apr 09
• Pet products, namely, pet restraining devices consisting of leashes, collars, harnesses, restraining straps, and leashes with locking devices 4 Jun 09

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Trademark International Class: Class 16 (Paper goods and printed matter)

All goods or services are categorized within International Classes (IC hereafter). Goods run from classes IC 1-34, while Services are in IC 35-45. Please see a complete chart here. Let's take a closer look at one of these trademark classes – class 16.

What is International Class 16 All About?

Each class has a short title heading that gives a snapshot of what that class is all about -- IC 16's short title is paper goods and printed matter. But, as with anything trademark, there's more to it than that. The USPTO has 1515 accepted descriptions that fit into IC 16; check them out here.

Anything that's made of paper or is printed is in IC 16, which includes things like posters, journals, greeting cards, art prints, magazines, books, calendars and on and on.

What about Book Titles?

This is an area worth exploring a bit. Titles of a single creative work are not protected by trademark law; however, trademark registration may be possible if the title is used on a series of creative works. Let's delve into this a bit further.

Single creative works consist of materials where the content does not change, such as a book, a DVD, downloadable songs and a film. Single creative works do not include periodically issued publications, such as magazines, newsletters, brochures, comic books, comic strips or printed classroom materials, because the content of these works change with each issue.

When it comes to titles for a book series, the rationale is the same. While the title stays the same, the content changes. Take a look at the filing for Ring of Fates, part of The Final Fantasy catalog: "a series of books featuring fictional stories and/or fantasy stories."

What Else is in International Class 16?

Seems like with any of these trademark classes, there always seems to be the oddball item or two and IC 16 is no exception. Here are a few items living in IC 16 that seem to be a bit off kilter:

• cd shredders for home or office use
• globes
• cosmetic pencil sharpeners and removing paper
• money clips

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Trademark International Class: Class 14 (Jewelry)

All goods or services are categorized within International Classes (IC hereafter). Goods run from classes IC 1-34, while Services are in IC 35-45. Please see a complete chart here. Let's take a closer look at one of these trademark classes – class 14.

What is International Class 14 All About?

Each class has a short title heading that gives a snapshot of what that class is all about -- IC 14's short title is jewelry. Seems pretty straightforward, right? But, as with anything trademark, there's more to it than that. The USPTO has 288 accepted descriptions that fit into IC 14; check them out here. Any jewelry item you could possibly think of belongs in this class, such as earrings, bracelets, necklaces, rings, anklets and watches. Also included is jewelry for your pet.

What Else is in International Class 14?

Seems like with any of these trademark classes, there always seems to be the oddball item or two and IC 14 is no exception. Here are a few items living in IC 14 that while connected to jewelry are not necessarily jewelry itself:

• precious metals and stones, such as gold, silver, opals, agate, topaz, peridot, etc.
• clocks be they alarm, for the car or incorporating a radio
• collectible coins
• jewelry boxes, cases, organizers as well as jewelry making kits

What's New for International Class 14?

The classification guide is constantly being updated with new goods or services. As the marketplace changes, the trademark office must adapt. Here are some of the 2009 listings for international class 14, good plus date added to the guide:

• Threads of precious metal 25 Jun 09
• Commemorative medals 18 Jun 09
• Statues of precious metal 21 May 09
• Jewelry incorporating a computer storage device containing medical information for medical alert purposes 5 Mar 09
• Cuff links of precious metal 8 Jan 09

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Trademark International Class: Class 9 (Electrical and Scientific Apparatus)

All goods or services are categorized within International Classes (IC hereafter). Goods run from classes IC 1-34, while Services are in IC 35-45. Please see a complete chart here. Let's take a closer look at one of these trademark classes – class 9.

What is International Class 9 All About?

Each class has a short title heading that gives a snapshot of what that class is all about -- IC 9's short title is electrical and scientific apparatus. But, as with anything trademark, there's more to it than that. The USPTO has 3107 accepted descriptions that fit into IC 9; check them out here.

This class encompasses nearly any tangible goods that are scientific, nautical, surveying, electric, photographic, cinematographer, optical, weighing, measuring, signaling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire-extinguishing apparatus.

PHEW! Let's break that down a bit. Here are some of the more often used descriptions for International Class 9:

Software of all kinds.
Video games, which also include the peripherals such as joysticks, players, interactive floor pads and interactive remote controls as well as what used to be considered a service – providing online video games.
CDs, DVDs, audiocassettes, records, whether blank or filled with content, as well as the devices used to play them.
Computer peripherals such as mice, keyboards, printers, and monitors as well as virtually any good related to the telephone, the television or the camera.

What Else is in International Class 9?

Seems like with any of these trademark classes, there always seems to be the oddball item or two and IC 9 is no exception. Here are a few items living in IC 9 that seem to be a weird fit:

• sun glasses, eye glasses and pince-nez
• protective clothing
• dog whistles
• helmets

What's New for International Class 9?

The classification guide is constantly being updated with new goods or services. As the marketplace changes, the trademark office must adapt. Here are some of the 2009 listings for international class 9, good plus date added to the guide:

• Graduated rulers for office and stationery 25 Jun 09
• Hands free devices for mobile-phones 18 Jun 09
• Holders for magnetically encoded gift cards 02 Apr 09
• Life vests 26 Mar 09
• Articles of protective clothing for wear by motorcyclists for protection against accident or injury 5 Feb 09
• Digital music system that synchronizes digital music files stored on a home unit and a car unit 15 Jan 09

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Any Requests?

I've slowed down a bit in my blog posting lately because work is a bit busy. I fully intend to continue the International Classification train but I thought it'd be a good idea to devote a post for requests.

Are there any of the trademark classes you'd like to know more about? If so, please comment with any questions.

Thanks! I'll be back soon!

Trademark International Class:
Class 5 (Pharmaceuticals)

All goods or services are categorized within International Classes (IC hereafter). Goods run from classes IC 1-34, while Services are in IC 35-45. Please see a complete chart here. Let's take a closer look at one of these trademark classes – class 5.

What is International Class 5 All About?

Each class has a short title heading that gives a snapshot of what that class is all about -- IC 5's short title is pharmaceuticals. But, as with anything trademark, there's more to it than that. The USPTO has 955 accepted descriptions that fit into IC 5; check them out here.

This class contains within it all the normal items you think of when you hear the word pharmaceuticals – antibiotics, antivirals, aspirin (which used to be a trademark), decongestants, etc. But within this class there also exists other items that have to do with medicating or healing or disinfecting.

If something is anti, it likely resides within class 5 – antibiotic, antibacterial, anti-inflammatory, antifungal, antimicrobial, anticoagulant, antiseptic, antiviral, anti-itch. Vitamins, minerals and supplements are filed in this class as are pesticides, parasiticides, repellents. You're also going to find things like bandages, bath preparations for medical purposes, deodorizers, herb teas for medicinal purposes.

What Else is in International Class 5?

Seems like with any of these trademark classes, there always seems to be the oddball item or two and IC 5 is no exception. Here are a few items living in IC 5 that seem a bit weird:

• baby food
• skin care preparations, hair care preparations, lotions, etc. that are medicated
• gluten free food
• fly paper

What's New for International Class 5?

The classification guide is constantly being updated with new goods or services. As the marketplace changes, the trademark office must adapt. Here are some of the 2009 listings for international class 5, good plus date added to the guide:

• Algaecides [chemicals for swimming pool maintenance] 04 Jun 09
• Aromatized beverages based on fruit, protein, cordial, sugar and other fluid nutrients, namely, meal replacement drinks for use as a food fillers 26 Mar 09
• Dental tablets for disclosing plaque and tartar on the teeth 05 Mar 09
• Disposable wipes impregnated with disinfecting chemicals or compounds therefor for use on {indicate items being disinfected, e.g., railings, countertops, toilet seats} 15 Jan 09
• Face creams and cleansers containing benzoyl peroxide for medical purposes, namely, the treatment of acne 19 Feb 09
• Medicated cosmetics 26 Mar 09

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Trademark International Class:
Class 3 (Cosmetics and cleaning preparations)

All goods or services are categorized within International Classes (IC hereafter). Goods run from classes IC 1-34, while Services are in IC 35-45. Please see a complete chart here. Let's take a closer look at one of these trademark classes – class 3.

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.

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