TRADEMARK CLASS 3: Soaps, Perfumes and Cosmetics

When you apply for a trademark in the Philippines, the Intellectual Property Office of the Philippines (IPOPHL) will ask you to identify the correct class for your goods or services. These classes, which follow the Nice Classification system, are divided into 45 categories. Each class groups together similar types of products or services so that businesses can protect their marks in the most relevant industry.

What Belongs to Class 3?

Class 3 is one of the more commonly used categories because it covers many everyday consumer goods. Specifically, it includes:

• Cleaning and laundry-use preparations (such as detergents, bleaching products, and scouring agents)
• Polishing and abrasive materials
• Soaps and toiletries
• Perfumes, cosmetics, and essential oils
• Hair care products and dentifrices (toothpastes and related items)

To put it simply, if your business deals with toiletries, cleaning products, perfumes, or cosmetics, Class 3 is probably the right choice.

Examples of registered marks in Class 3 include:

• LISTERINE – mouthwash and breath fresheners
• BIOLAGE – hair care products
• SHOWER GUARD – cleaning products
• TWIST & SHINE – cosmetics

What Doesn’t Fall Under Class 3

It’s important not to confuse Class 3 with other related categories. Some products may seem similar but actually belong elsewhere, such as:

• Industrial cleaners and degreasers → Class 1 (Chemicals)
• Pharmaceutical deodorants → Class 5 (Pharmaceuticals)
• Grindstones and sharpening stones → Class 8 (Hand Tools)

If you misclassify your goods, your application can be refused, and you may have to refile.

Related or “Coordinated” Classes

Many applicants file in more than one class. For example, a company selling soaps (Class 3) might also want to protect its brand in:

• Class 5 – for medicated products
• Class 21 – for household utensils or containers
• Class 35 – for advertising or retail services
• Class 44 – for medical and veterinary services

Since IPOPHL charges separate fees per class, you’ll need to budget accordingly if your brand spans multiple categories.

Proving Use – Submitting Specimens

When you file a trademark in Class 3, you must show IPOPHL how the mark is actually used (or intended to be used) in commerce. Acceptable specimens include:

• Product labels and packaging
• Tags attached to the goods
• Containers or bottles with the mark clearly visible
• Photos of the goods showing the brand name

What doesn’t count? Using the mark only as a trade name or as part of a return address. IPOPHL requires that the trademark be seen by consumers directly in connection with the product.

Real-World Lessons

• KOLIN Case (Philippines, 2021): IPOPHL refused to register “KOLIN” under appliances in Class 9 due to a conflict with an earlier “KOLIN” mark in Class 11. The Court of Appeals highlighted that correct classification is critical because it determines whether two marks are considered similar or not.
• Descriptive Marks: Following both Philippine and ASEAN guidelines, words that merely describe the product (like “SOAP” for soaps or “FRESH” for perfumes) cannot be registered, as they need to remain available for everyone to use.

✅ Bottom line: If you’re planning to register a brand for cleaning products, toiletries, or cosmetics, Class 3 is where you should start. Just make sure your goods are correctly classified and that you can provide proper specimens of use, otherwise your application may face delays or rejection.

‍