Class 3 · Cosmetics, skin care, fragrance

Oppositions are rising in every beauty category.

Cosmetics, skin care, hair care and fragrance are all growing opposition categories, and a handful of beauty brands police ordinary words closely.

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TL;DR

A beauty brand files in Class 3, which covers cosmetics, skin care, hair care, fragrances and non-medicated soaps. Medicated products and supplements are Class 5; salon and spa services are Class 44.

Cosmetics oppositions reached 525 in 2025, up 18% on the volume trend, and owners police words such as Lush, Glow, Kind and Ritual.

What trademark class are cosmetics and skin care?

Class 3 covers cosmetics, skin care, hair care, fragrances and non-medicated soaps. Medicated creams and supplements go in Class 5, salon and spa services in Class 44, and retail in Class 35.

Where a product sits between cosmetic and medicated, the goods description should match how it’s labeled and marketed. The same line matters for FDA purposes.

How often are beauty trademarks opposed?

Cosmetics drew 525 oppositions in 2025, skin care 251, soaps 236 and fragrances 227, and all four categories are growing.

Oppositions by category. Volume trend compares yearly averages for 2024 and 2025 against 2021 and 2022. Opposition rate is per 1,000 published applications (filed 2017 through 2021) and is best read as a comparison between categories.
CategoryOppositions 2021 through 20252025Volume trendRate per 1,000
Cosmetics2,213525+18%28.3
Skin care1,080251+14%31.6
Soaps & cleansers1,037236+7%28.2
Fragrances861227+21%30.2
Hair care683154+13%30.7
Salon & spa23154+60%26.4

Which words do beauty brands police?

Beauty and wellness brands police ordinary words such as Kind, Lush, Glow, Ritual, Sage and Kiss.

Owners whose opposition watch covers cosmetics and beauty. Oppositions counts applications containing the word that the owner opposed; “+N” means other owners also police it.
WordPoliced byOppositionsLatest
KindKIND Management Inc. +124Jun 2026
LushCosmetic Warriors Limited13Jun 2026
GlowBump Health, Inc.9Jul 2025
RitualRituals International Trademarks B.V.9Apr 2026
SageSage Global Services Limited +19Mar 2026
MagnoliaMagnolia Business Ventures LLC7Sep 2024
BlissBliss Products Holdings LLC7May 2022
KissKiss Nail Products, Inc.5May 2026
PaigePaige, LLC5Oct 2024

Can a beauty brand name make a product claim?

A name that makes a claim can cause two problems. A name that describes the benefit (“Clear Skin”, “Anti-Aging”) is hard to register, and one that implies a drug-like effect can raise FDA and FTC questions about how the product is marketed.

Modern Mark also reviews advertising and marketing claims for FTC and FDA compliance, and that review can run alongside clearing the name. See marketing compliance reviews.

Do beauty brands usually hire a trademark lawyer?

Cosmetics defendants appear with counsel 64% of the time, about two in three. In salon and spa services, the number defending with counsel is up 105%.

Opposed defendants per year and the share appearing through a law firm, as reported by category.
CategoryMatters per yearWith counsel
Cosmetics50664%

In salon and spa services, 44 defendants a year appear with counsel, a 73% rate.

What should I do if my beauty trademark is opposed?

Calendar the answer deadline the Board sets, generally 60 days from the notice, and get advice before that date. Across all categories combined, 44% of opposed applicants never answer and lose by default.

Beauty opposers often police a word across cosmetics, supplements and clothing at once, so a narrower goods description is a common basis for settlement. Filing an answer keeps every option open, including a negotiated, narrower registration. See how trademark oppositions work, or help if you filed the application yourself.

44% is the share of matters showing a default, from 16,106 TTAB prosecution histories parsed so far.

Not legal adviceThis page gives general information about US trademarks in this industry and is not legal advice about your situation. USPTO rules, fees and deadlines change, and every matter turns on its own facts. Company names in the tables are drawn from public TTAB records and are shown for information only. Reading this page does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.

How we work with you.

01

Clear the name

A search and a straight read on risk before you invest in labels, packaging or a launch.

02

File it right

The right classes, a goods description that matches how you sell, and a specimen that proves use.

03

Defend it

Office actions, oppositions and enforcement, with a clear view of cost before each step.

More questions.

Q01Do I need a separate trademark for each product line?

Not necessarily. One house mark can cover many Class 3 products. Sub-brands with their own value to the business are worth protecting separately.

Q02I sell through retailers and marketplaces. Do I still need a registration?

Yes. Retailers and marketplaces generally rely on your registration to act against counterfeit or copycat listings, and brand-protection programs often require a registered or pending mark.

Q03Can I use a person’s name as my brand?

Registering a living person’s name requires their written consent, and using a well-known name can also trigger false-connection claims.

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