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Beauty is extremely important, helping to realize our desire to be more beautiful and healthier through cosmetics, massage, supplements and other means, and improving our lives.
When it comes to beauty, image and trust from consumers, in other words, brand, are extremely important.
A trademark is indeed the best right to protect such a brand. We have created this page in the hope that everyone in the beauty industry will be aware of the closeness of trademarks and learn useful information for trademark registration.
Distinguishing between services and goods
When we think of beauty, we generally think of beauty salon-related services and cosmetics-related services, but there are also other services related to the keyword beauty, such as esthetic salons, sports gyms, yoga, and hot spring therapy (germanium hot baths, etc.), and we can see that within one category there are both products and services related to the keyword beauty.
Under the Trademark Act, protection is granted by distinguishing between marks related to the "service" of providing makeup or massage and marks related to "goods" such as cosmetics used in providing those services.
Therefore, we would like to ask all in the beauty industry to be careful to distinguish whether what they are offering is a service or a product, and to consider obtaining a trademark.
Below, we will explain the relationship between beauty-related services and products and trademarks.
Regarding beauty services (services): beauty salons, massage, etc.
Providing haircuts and makeup at a hair salon, providing massages at an esthetic salon, or providing bathing facilities are all considered services.
In this case, the name of the beauty salon or bathing facility, or the massage technique if it has a unique name, will be registered under Class 44.
In addition, if you operate a class that teaches and instructs the methods of such services (such as massage techniques), you will register as "instructor of knowledge" under Class 41. Class 41 also includes other categories related to sports, and sports gyms where you can train your mind and body and obtain beauty benefits will be registered under Class 41 due to the designated service of "provision of exercise facilities." By the way, when considering registering as an instructor of knowledge under Class 41, there is one thing you should be aware of. That is, if the content of the service does not amount to instruction or teaching, but merely provides information and advice on beauty, you will be registered under Class 44, not Class 41.
There is no uniform standard for determining whether a certain service is the teaching of knowledge or the provision of information, and there are many situations in which flexible analysis is required for each specific case. Since filing an application in the wrong category can cause trouble later on, I think this is one point that should be judged carefully based on expert opinions.
Please note that procedures or methods for such services (such as massage techniques) cannot be protected by trademark in themselves. Only signs for goods or services can be protected as trademarks.
About beauty products: cosmetics, supplements, hair dryers, etc.
①About cosmetics
Cosmetics, which are representative beauty products, are registered under Class 3. Other products that fall into Class 3 include fragrances, false nails, and false eyelashes.
Next, let's look at facial beauty products. Pack products are registered under Class 3, suggesting a connection to cosmetics. However, there are many other types of facial beauty products. In the case of facial beauty rollers, as a "massager," it may belong to Class 10, while as a "home manual beauty massage roller," it belongs to Class 21. Furthermore, if we look at "eyelashes," we can see that "false eyelashes" belong to Class 3, "eyelash curlers" to Class 8, and "eyelash brushes" to Class 21, the same as the massage roller mentioned above.
②About supplements
Drug-like products such as supplements are registered under Class 5. Other products that fall under Class 5 include "dietary beverages" and "dietary foods."
Also, even within the same product category, there are some products such as "bath additives" that should be registered in both Class 3 and Class 5. For example, if the bath additive is characterized by its fragrance, it should be evaluated as belonging to Class 3, and if it is characterized by its medicinal properties, it should be evaluated as belonging to Class 5. This case is also an example where the application classification should be carefully considered.
3) Hair dryers, etc.
Finally, as for hair care products, hair dryers are registered in Class 09 as "machinery and apparatus for beauty salons or barber shops" and "household electric heating appliances for beauty or sanitary purposes". Both products, whether for commercial use such as beauty salons or for home use, are registered in the same Class 25, but the similar group codes are different. "Machinery and apparatus for beauty salons or barber shops" are assigned the code "11E07", and "household electric heating appliances for beauty or sanitary purposes" are assigned the code "XNUMXAXNUMX", and they are differentiated from each other.
In addition, hair irons are registered in Class 8.
Other exercise and fitness equipment is included in Class 28.
”HARAKENZO more " supports those in the beauty industry.
In recent years, competition to acquire customers has become increasingly fierce within the beauty market due to factors such as consumers' tendency to pay low prices, and trademarks are becoming increasingly important in protecting the products and services of those in the beauty industry and supporting the brands.
”HARAKENZO more " We would like to be of assistance to those in the beauty industry in protecting their intellectual property, so please feel free to contact us for any inquiries.