How to Trademark a Cosmetics Brand

Launching a cosmetics line is exciting—you get to share your vision of beauty with the world. But before investing in packaging, marketing, and distribution, it’s essential to protect your brand identity. Without legal protection, competitors can copy your name, logo, or slogan, putting your business at risk. The good news is that learning how to trademark a cosmetics brand doesn’t have to be complicated if you take the right steps.

This guide breaks down what you need to know about the cosmetic brand trademark process, from choosing a strong name to conducting a thorough trademark search for cosmetics.

Why Trademarks Matter for Cosmetics Brands

The U.S. cosmetics industry is a powerhouse, valued at approximately $101.48 billion in 2024 and projected to reach $185.26 billion by 2034. This dynamic market is brimming with opportunities for new brands to make their mark. However, with such rapid growth comes increased competition and the risk of brand imitation.

A trademark for cosmetics is your legal safeguard in this bustling marketplace. It ensures that your brand name, logo, or slogan remains uniquely yours, preventing others from capitalizing on your hard-earned reputation. By securing exclusive rights to your brand elements, you not only protect your identity but also enhance your brand’s value, making it more attractive to investors, retailers, and customers.

Think of industry leaders like Fenty Beauty, MAC Cosmetics, and Glossier. Their trademarks are integral to their success, allowing them to build strong, recognizable brands that resonate with consumers. For emerging cosmetics brands, establishing a trademark is a crucial step in laying a solid foundation for long-term growth and recognition.

What You Can Trademark in the Cosmetics Industry

A beauty brand trademark can protect far more than just your company name. In the cosmetics world, every element that makes your brand recognizable to customers can potentially be safeguarded.

Your brand name is the most obvious example—think of household names like Fenty Beauty or MAC Cosmetics. A strong name helps customers identify your products instantly. You can also trademark specific product lines, such as Urban Decay’s Naked palettes, which have become iconic in the makeup community.

Logos and visual symbols are another key element. Just as the swoosh is instantly recognizable in sportswear, the Chanel double-C logo is iconic in cosmetics and luxury beauty, instantly signaling the brand to consumers. Slogans, like Maybelline’s “Maybe she’s born with it. Maybe it’s Maybelline.” can also be protected, helping reinforce your brand message across advertising and packaging.

Even unique packaging designs—for example, the shape of a perfume bottle or the layout of a lipstick tube—can qualify for trademark protection if they are distinctive enough. Each of these elements adds layers to your brand identity and can be defended legally, helping your cosmetics business stand out in a crowded market.

By protecting these components, you’re not just securing a name—you’re building a fully defensible brand that customers recognize and trust.

Steps to Trademark a Cosmetics Brand

1. Choose a Distinctive Name

The first step in the cosmetic brand trademark process is creating a name that’s unique and protectable. Avoid generic or overly descriptive names—like “Red Lip Gloss” or “The Skin Cream.” These simply describe the product and won’t likely qualify for strong protection.

Instead, aim for one of these categories of distinctive marks:

• Fanciful (completely made-up words): Example – “Zyora” for skincare. Strongest protection because it has no meaning outside your brand.
• Arbitrary (real words used in unrelated ways): Example – “Willow” for a lipstick brand. The word exists, but it has no direct connection to cosmetics.
• Suggestive (hints at qualities without describing them): Example – “Glowara” for highlighters. Suggests radiance without being literal.

These types of names stand out, are easier to protect, and resonate more with customers.

2. Conduct a Comprehensive Trademark Search

Before filing, you need to know if your chosen name is truly available. This means checking:

• Federal trademarks in the USPTO database.
• State trademarks where you plan to operate.
• Common Law usage, meaning businesses using a name without registration. (For example, a small local beauty salon using the same name could still create conflicts.)
• Similar marks that sound alike, look similar, or share meaning.
• Related goods/services that may overlap with cosmetics, like skincare, haircare, or fragrances.

Skipping this step can lead to costly rebranding if your application is rejected or challenged later.

3. File Your Application with the USPTO

Once your search clears, you can file an application with the U.S. Patent and Trademark Office (USPTO). You’ll need to specify the goods (cosmetics, skincare, makeup, etc.) and submit the required filing fees, which are based, largely in part, on the class or classes filed.

Most cosmetics fall under Trademark Class 3, which covers beauty products like makeup, skincare, perfumes, and haircare. Choosing the correct class is a key part of your application, since it defines the scope of your protection and helps avoid conflicts with unrelated industries. While Class 3 is the primary category for cosmetics, some brands may also need to consider additional classes—such as Class 21 for applicators or containers, Class 5 for medicated cosmetics, or Class 35 for retail services—depending on how their products are sold and marketed.

4. Maintain and Monitor Your Trademark

After approval, your work isn’t done. Trademarks require ongoing monitoring and renewal filings to keep protection in place.

The Importance of Comprehensive Trademark Research

Many entrepreneurs focus only on the USPTO database, but a full trademark search for cosmetics digs deeper.

A comprehensive trademark clearance search is:

• Federal trademarks – Nationwide protection through the USPTO.
• State trademarks – Registration within a single state.
• Common Law usage – Unregistered trademarks that can still block your rights.
• Similar marks – Variations in sound, spelling, or meaning that could confuse consumers.
• Similar goods/services – Even if another company sells lotion instead of lipstick, the overlap may block your application.

This is why choosing the right trademark service provider matters. A comprehensive search reduces risk and helps ensure your brand name is truly available.

Costs and Timelines

• Filing fees – Base fee is $350 per class of goods.
• Timeline – From filing to registration, expect about 12 months on average, though it may take longer if the USPTO raises issues or oppositions are filed.

Final Thoughts

Learning how to trademark a cosmetics brand is one of the smartest moves you can make as a beauty entrepreneur. From choosing a distinctive name to conducting a thorough search and filing with the USPTO, each step safeguards your brand’s future.

At TradeMark Express, we specialize in comprehensive trademark research and application preparation. If you’re ready to protect your cosmetics brand, contact us today to get expert support every step of the way.

DISCLAIMER: References to particular trademarks, service marks, products, services, companies, or organizations appearing on this page are for illustrative and educational purposes only and do not constitute or imply endorsement.

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Shannon Moore