Most non-medicated cosmetics, skincare products, and personal care preparations fall within International Class 3 for trademark purposes. However, a beauty company may need additional trademark classes depending on whether it sells medicated products, cosmetic tools, operates an online retail store, or provides salon, spa, or beauty-treatment services.
For example, non-medicated facial serums and moisturizers are generally classified in Class 3, while medicated skincare preparations may fall within Class 5. Cosmetic brushes and certain beauty applicators can fall within Class 21, while beauty salon and hygienic beauty-care services generally fall within Class 44.
The correct trademark class therefore depends on the actual goods or services offered under the mark, not simply on whether the company describes itself as a cosmetics, skincare, or beauty brand.
As of January 1, 2026, the USPTO uses the Nice Classification, Thirteenth Edition, version 2026, for international classification purposes.
What Trademark Class Covers Cosmetics?
International Class 3 is the primary trademark class for non-medicated cosmetics and beauty preparations.
The current Nice Classification describes Class 3 as covering non-medicated cosmetics and toiletry preparations, along with perfumes, essential oils, non-medicated dentifrices, and various cleaning preparations.
Beauty products commonly associated with Class 3 can include:
Cosmetics, makeup, foundation, concealer, blush, mascara, lipstick, lip gloss, beauty serums, non-medicated skin creams, lotions, moisturizers, facial cleansers, beauty masks, exfoliating preparations, perfumes, essential oils, nail polish, shampoos, conditioners, and other non-medicated personal care preparations.
The exact wording matters. A trademark application should identify the actual products accurately rather than relying only on a broad statement such as “beauty products.”
The USPTO maintains an Identification Manual containing acceptable descriptions of goods and services and their classifications. Applicants can use that resource to determine how particular products should be identified.
What Trademark Class Covers Skincare Products?
Most non-medicated skincare products fall within Class 3.
This commonly includes products such as facial moisturizers, cosmetic creams, non-medicated skin serums, facial cleansers, body lotions, beauty masks, cosmetic oils, exfoliating preparations, and other products intended primarily for cosmetic care of the skin.
The important distinction is whether the product is cosmetic or medicated.
Class 3 generally covers non-medicated cosmetics and toiletry preparations. Class 5, by contrast, includes pharmaceuticals and preparations intended for medical purposes.
This distinction becomes particularly important when skincare companies develop products marketed for acne, eczema, dermatological conditions, infections, or other therapeutic purposes.
What Is the Difference Between Trademark Class 3 and Class 5?
Class 3 generally covers non-medicated beauty and personal care products, while Class 5 generally covers medicated, pharmaceutical, or therapeutic preparations.
This is one of the most important classification distinctions for skincare companies.
For example, a non-medicated skin lotion would ordinarily be considered differently from a medicated skin lotion marketed for a therapeutic purpose. Similarly, non-medicated shampoo generally belongs in Class 3, while medicated shampoo falls within Class 5.
The current Nice Classification specifically identifies medicated shampoos, soaps, lotions, and dentifrices as examples of Class 5 goods.
The Trademark Manual of Examining Procedure likewise explains that cosmetics, toiletry preparations, and soaps are generally classified in Class 3 unless they are medicated, pharmaceutical, antibacterial, or disinfectant in nature, in which case Class 5 may apply.
For beauty founders, this means that a seemingly small change in a product’s intended use or description can affect its trademark classification.
Are Medicated Skincare Products in Class 5?
Yes. Medicated skincare preparations will generally fall within International Class 5 rather than Class 3.
Class 5 principally covers pharmaceuticals and preparations for medical or veterinary purposes. USPTO classification materials recognize goods such as medicated skin care preparations, medicated creams, medicated lotions, and dermatological preparations within this class.
A company launching both ordinary cosmetic products and therapeutic products may therefore need registrations covering more than one class.
For example, a brand could potentially use the same trademark on a non-medicated facial moisturizer in Class 3 and a medicated dermatological preparation in Class 5.
The classification analysis should be based on the nature of each product and the way it is identified, marketed, and used.
What Trademark Class Covers Makeup?
Makeup products are generally classified in International Class 3.
Traditional cosmetics such as foundation, concealer, mascara, lipstick, lip gloss, blush, face powder, eye makeup, cosmetic primers, and makeup-removing preparations ordinarily fall within the cosmetics category of Class 3.
A beauty company selling several makeup products under the same trademark does not necessarily need a separate trademark class for each individual cosmetic product. Multiple goods can generally be identified within the same class when they properly belong there.
The application should nevertheless identify the products with sufficient specificity.
What Trademark Class Covers Lip Balm?
The classification of lip balm can depend on whether the product is cosmetic or medicated.
A non-medicated lip balm used for cosmetic or moisturizing purposes will generally fall within Class 3. A medicated preparation may require Class 5.
This illustrates why beauty companies should not choose a trademark class based solely on the physical format of the product. Two products that look nearly identical on a retail shelf can potentially belong in different classes because one is an ordinary cosmetic while the other is presented as a medicated or pharmaceutical preparation.
What Trademark Class Covers Soap?
Non-medicated soaps generally fall within Class 3, while medicated, antibacterial, or disinfectant soaps may fall within Class 5.
The USPTO’s classification guidance expressly recognizes this distinction.
This can be relevant for personal care businesses selling facial soap, body soap, cleansing bars, hand products, or specialty skincare formulations.
A company should examine how each product is described and promoted before assuming that every soap product belongs in the same trademark class.
What Trademark Class Covers Shampoo and Hair Care Products?
Most non-medicated shampoos and cosmetic hair-care preparations generally fall within Class 3.
This can include shampoos, hair conditioners, cosmetic hair oils, styling preparations, and other non-medicated hair-care products.
Medicated shampoos, however, are specifically recognized within Class 5 under the Nice Classification.
Accordingly, a personal care company offering both conventional hair products and therapeutic scalp or medicated products may need to consider Classes 3 and 5 separately.
What Trademark Class Covers Cosmetic Brushes and Beauty Tools?
Not every product sold by a cosmetics company belongs in Class 3.
Many cosmetic utensils, brushes, sponges, powder puffs, and similar beauty applicators fall within International Class 21.
The current Nice Classification states that Class 21 includes cosmetic utensils and specifically gives examples such as combs, powder puffs, and fitted vanity cases.
This distinction matters for companies that expand beyond cosmetic formulations into accessories.
For example, a brand may sell makeup products in Class 3 while also using the same trademark on makeup brushes or applicators classified in Class 21.
A trademark registration covering cosmetics does not automatically create a registration for every accessory that a beauty company may later sell.
Are Manicure Tools and Razors in Class 3?
Generally, no.
Hand-operated grooming tools such as razors and many manicure and pedicure implements fall within Class 8.
The current Nice Classification expressly includes electric and non-electric hand implements for personal grooming, including implements for manicure and pedicure, within Class 8.
This is a useful example of why a personal care brand may require several classes even though consumers perceive all of its products as belonging to one beauty category.
Cosmetic nail preparations such as nail polish may belong in Class 3, while certain physical nail-care implements may belong in Class 8.
Does an Online Cosmetics Store Need Trademark Class 35?
Class 35 can apply when the trademark identifies retail or online retail store services, but merely selling your own goods does not automatically mean Class 35 is required.
Class 35 covers advertising and business services. The Nice Classification specifically includes services that bring together a variety of goods so customers can conveniently view and purchase them, including through retail stores and websites. It also makes clear that the sale of goods itself is not considered a service merely for classification purposes.
This distinction is important.
If a cosmetics company uses its trademark primarily as the brand appearing on its moisturizer, lipstick, and facial cleanser, the relevant protection may principally concern the underlying goods in Class 3.
If the company separately operates a branded retail platform or store service, Class 35 may also warrant consideration.
The proper filing strategy depends on how the mark is actually being used.
What Trademark Class Covers Beauty Salon and Skincare Services?
Beauty salon, beauty-care, and many spa-related services generally fall within International Class 44.
Class 44 covers medical services as well as hygienic and beauty care for human beings or animals.
Depending on the precise services offered, Class 44 may apply to businesses providing beauty care, salon services, facials, spa treatments, and similar personal beauty services.
This means a company that both sells skincare products and operates physical beauty-treatment locations may need different classes for different parts of its business.
Its skincare products may fall within Class 3, while its beauty services may fall within Class 44.
Does a Beauty Brand Need Both Class 3 and Class 44?
Not necessarily.
A business needs Class 44 simply because it operates in the beauty industry only if its trademark is used, or genuinely intended to be used, for services that fall within that class.
A company that manufactures and sells moisturizer but provides no beauty-care services might focus on Class 3.
By contrast, a skincare studio that sells its own branded products while also providing facials or other beauty treatments could potentially have relevant goods in Class 3 and services in Class 44.
Trademark classification follows the company’s actual commercial activities.
Can One Trademark Application Cover Multiple Classes?
Yes. A single U.S. trademark application can identify goods and services in multiple international classes.
However, each class must satisfy the applicable filing requirements, and USPTO filing fees are assessed on a per-class basis. The USPTO explains that the international classification system is used both to organize goods and services and to assess filing fees.
For example, a growing beauty company might potentially seek protection for:
Class 3 for non-medicated cosmetics and skincare products.
Class 5 for medicated skincare preparations.
Class 21 for makeup brushes or cosmetic applicators.
Class 35 for qualifying retail store services.
Class 44 for beauty-care or salon services.
That does not mean every beauty company should automatically file in all five classes. Trademark applications should reflect the goods and services actually offered under the mark or those for which the applicant has a bona fide intention to use the mark.
Should a Beauty Brand File in Every Possible Trademark Class?
Usually not.
Trademark protection is not strengthened simply by selecting as many classes as possible.
Each class adds filing costs and must correspond to legitimate goods or services associated with the trademark. Overly broad filings can increase expense without necessarily providing meaningful additional protection.
A more effective strategy is to identify the company’s current products, realistic near-term expansion plans, and commercially important services.
For a startup launching only a facial serum and moisturizer, Class 3 may initially be the principal concern. A more developed company planning cosmetics, medicated products, beauty tools, retail services, and physical spa locations could require a broader portfolio.
Does Being in a Different Trademark Class Prevent Likelihood of Confusion?
No. Different trademark classes do not automatically mean two trademarks can coexist.
Trademark classes are primarily an administrative classification system. They do not create rigid legal boundaries between businesses.
The USPTO specifically encourages trademark searchers to consider “coordinated classes” because goods and services in different classes may still be commercially related. For Class 3, the USPTO identifies Classes 5, 21, 35, 42, and 44 among its coordinated international classes.
For example, consumers may reasonably encounter cosmetics, skincare preparations, cosmetic tools, retail beauty services, and salon services under the same brand.
A company therefore should not assume that an existing similar trademark is irrelevant simply because it appears in another international class.
How Should a Cosmetics Company Choose Its Trademark Classes?
The starting point should be a detailed list of everything the company currently sells or provides under the trademark, together with products and services it genuinely intends to launch.
Each item can then be compared against the USPTO’s current Acceptable Identification of Goods and Services Manual and the Nice Classification.
Beauty businesses should pay particular attention to distinctions between products and services, cosmetic and medicated formulations, consumable preparations and physical beauty tools, and branded goods versus retail services.
Cohn Legal’s existing guidance for cosmetics companies also emphasizes the importance of accurately describing the goods and choosing appropriate classes during the trademark application process.
What Are the Most Common Trademark Classes for Beauty Brands?
For many skincare, cosmetics, and personal care businesses, the classes most likely to require consideration are Class 3, Class 5, Class 8, Class 21, Class 35, and Class 44.
Class 3 is generally the central class for non-medicated cosmetics and personal care preparations. Class 5 becomes important for medicated products. Classes 8 and 21 can cover different types of grooming tools and cosmetic utensils. Class 35 can apply to qualifying retail services, while Class 44 covers beauty-care and related services.
The correct combination depends on the business itself.
A skincare company selling only cosmetic creams should not automatically copy the classification strategy of a beauty company selling medicated products, cosmetic brushes, and salon services.
Why Correct Trademark Classification Matters for a Beauty Brand
Selecting the correct class affects how a trademark application is drafted, what goods or services are identified, how much the USPTO filing will cost, and the scope of the resulting registration.
It can also affect trademark searching. A clearance search limited only to Class 3 may overlook potentially significant registrations for related products or services in coordinated classes.
For new skincare and beauty brands, classification should therefore be addressed as part of an overall trademark strategy rather than treated as a simple administrative checkbox.
Before filing, founders should determine exactly what they are selling, distinguish between medicated and non-medicated products, identify any tools or accessories offered under the brand, and consider whether the trademark also identifies retail, salon, spa, or other services.
Cohn Legal, PLLC works with cosmetics, skincare, personal care, and other consumer-product companies on trademark clearance, classification, application filing, and brand protection. Beauty founders can also review Cohn Legal’s How to Trademark Your Cosmetics Brand the Right Way resource and its Personal Care & Cosmetics practice materials for additional guidance.
Primary Sources
The primary classification authorities for this topic include the USPTO’s Nice Agreement Current Edition/Version, the Trademark Manual of Examining Procedure, Chapter 1400, the USPTO Acceptable Identification of Goods and Services Manual, and USPTO guidance concerning international classes and coordinated classes.
The USPTO adopted the Nice Classification, Thirteenth Edition, version 2026, effective January 1, 2026.
Author: Abraham Cohn, U.S. trademark attorney and founder of Cohn Legal, PLLC. Cohn Legal advises entrepreneurs, startups, and growing businesses on trademark clearance, federal registration, portfolio development, and enforcement, including companies operating in the personal care and cosmetics industry.