Trademark Class 5 consists of pharmaceuticals, supplements, vitamins, veterinary supplies, baby food, bandages and more.
Trademark Classes Background
A key piece of the trademark application process at the United States Patent and Trademark Office (USPTO) is for trademark applicants to identify what goods and/or services they use their trademark in connection with and what goods and/or services they are applying for trademark protection in connection with their trademark.
Additionally, trademark applicants must also select the correct Trademark Class the goods and/or services they identify in their trademark application. For example, if Johnson & Johnson wants to apply for a trademark registration for their famous BAND-AID brand in connection bandages and wound dressings, they need to identify that those products are classified in Trademark Class 5.
Failing to identify the correct Trademark Class of goods or services will lead to a delay in the application process because the Examining Attorney will issue an Office Action. If the Office Action is not addressed within six months, the application will be abandoned and the trademark owner will lose the money they spent to apply for the application and need to reapply for a new trademark registration.
The USPTO has their own classification system, but trademark applicants only need to worry about the forty-five trademark classes outlined in the Nice Agreement. The reason why the USPTO essentially abandoned their classifications for the Nice Agreement classifications is because it harmonized the trademark system worldwide.
The most efficient way for trademark applicants to know what Trademark Class their goods or services are categorized in is to view the Trademark Identification Manual online on the USPTO website.
If trademark owners that sell services or goods in different Trademark Classes under the same trademark they can elect to file separate trademark applications for each Trademark Class or file one application with multiple Trademark Classes.
Trademark Class 5 – Pharmaceuticals, Supplements, & Medical Dressings
Trademark Class 5 focuses on goods that have a medical purpose, such as pharmaceuticals medicine, dietary supplements and vitamins, and bandages. It also includes other subcategories of goods such as veterinary supplies, baby food, and more.
Below is a list of some subcategories within Trademark Class 5 with examples of Class 5 products.
Dietary Supplements: dietary fiber, whey protein powder, fish oil, liquid pill supplements, multivitamins, health supplement products, protein supplements, dieting pills, muscle building supplements, pre-workout supplements, vitamin supplements,
Pharmaceuticals: ibuprofen, allergy capsules, pain medication, compound for treating erectile dysfunction, antidepressant medications, medicinal herbs, smoking herbs for medical purposes, cocaine for medical purposes, cough treatments, drugs that address medical issues, medicated candies
Hygiene Articles: contact lens solution, eye washes, personal sexual lubricants (most hygiene products, such as soap and shampoo, are in Class 3)
Food for Babies: baby food
Disinfectants & Antiseptics: antiseptic cotton balls, alcohol for sterilization purposes, hygiene disinfectants, germicides, sterilization preparations
Medical Dressings: adhesive tapes for medical purposes, bandages for dressings, eyepatches for medical purposes, Wound dressings, namely, gauze pads, gauze sponges, adhesive medical tape, and dressings for skin wounds for medical use
Veterinary Medicines & Supplies: veterinary vaccines, veterinary pharmaceutical preparations for treating cancer, neurological diseases, psychiatric diseases, metabolic diseases, inflammatory diseases, cardiovascular diseases; veterinary pharmaceutical preparations for the treatment of pain
Dental Supplies: adhesives for dentures, dental cements, dental rubber, wax for dentists, dental impressions, dental abrasives
Trademark Class 5 Specimens & Examples
An essential requirement to obtain a trademark registration from the USPTO is that trademark applicants must submit an acceptable trademark specimen. In order for the USPTO to accept a trademark specimen, the specimen must show use of the trademark in connection with the applied for goods or services. For each Trademark Class of goods or services a trademark applicant applies for, they must submit a trademark specimen.
There are many different acceptable specimen types for Class 5 goods and products that show the trademark used in connection with the applied for goods. For example, acceptable specimens in Class 5 include hangtags and product packaging, the trademark on the product directly, the trademark prominently displayed at the point of sale in a store or on an ecommerce website with the trademark and the product displayed near a CHECKOUT button.
A common misconception is that trademark applicants need to mail their physical specimens, such as product packaging, to the USPTO. However, trademark applicants only need to take a picture of the specimen and upload the image to the USPTO website.
The above image would work as a specimen for Johnson & Johnson’s BAND-AID brand in connection with adhesive bandages because it shows the trademark on the product packaging for bandages
If you have any questions about what is an acceptable trademark specimen in Class 5, do not hesitate to Contact Us today.
Class 3 – Soaps, Shampoos, and Personal Hygiene Products
Class 10 – Medical Supplies
Class 35 – In-person & Online Retail Stores Selling Class 5 Goods
Do you have any questions about Class 5 or what trademark class your goods or services fall under? Contact us today for a Free Trademark Consultation and one of our attorneys will contact you within twenty-four hours.