Trade marks for cosmetics and beauty brands in Australia
In cosmetics, your brand is what separates a $15 product from a $150 one. A registered trade mark protects it from dupes, copycats, and counterfeiters who want to trade on the reputation you have built.
Why trade marks matter in cosmetics
The cosmetics industry is built on brand trust. Customers choose products based on the brand name on the packaging, the reputation behind it, and the promise it represents. A registered trade mark gives you the exclusive legal right to use your brand name and logo for the products you sell, and the legal standing to stop anyone else from trading under a confusingly similar name.
Dupes are one of the biggest threats facing cosmetics brands in Australia. Companies like MCoBeauty have built entire businesses by replicating popular products and selling them at a fraction of the price. Their lawyers specifically check which elements of a competitor's brand are protected by trade marks before launching a dupe. If your brand name, logo, or product names are not registered, you are leaving the door open. For a detailed look at how this works and what you can do about it, see our guide on protecting your cosmetics brand from dupes.
Beyond dupes, cosmetics brands face counterfeiting on online marketplaces, unauthorised sellers undercutting your pricing, and competitors launching products with confusingly similar names. A registered trade mark gives you access to formal enforcement tools including marketplace takedown programs, customs seizure notices, and cease and desist letters. See our guide on how to identify and stop trade mark infringement for more on how this works.
Name selection is particularly important in cosmetics. Many brands choose names that reference ingredients, science, or product benefits, but descriptive names are harder to register and significantly harder to enforce. We have worked with clients who held trade mark registrations but could not stop a major competitor from using a near-identical descriptive term, because the shared element described the product rather than distinguishing it. Investing in a distinctive brand name from the outset gives you far stronger rights. See our guide on how to choose a strong trade mark.
Cosmetics brands also tend to expand across product categories. You might start with skincare, then move into makeup, fragrances, hair care, or beauty tools. Each of these can sit in a different trade mark class, and your initial filing should cover where the brand is heading, not just where it is today. For a full walkthrough, see our guide on how to choose the goods and services for your trade mark application.
Common trade mark issues in cosmetics
Dupes and lookalike products
The dupe economy is booming, and cosmetics brands are its biggest target. Competitors replicate your product concept with similar packaging and positioning, then sell at a fraction of the price. Trade marks do not protect formulations or packaging design, but they do protect your brand name and logo. If a dupe uses a confusingly similar name, your registration gives you clear grounds to act. See our guide on protecting your cosmetics brand from dupes.
Counterfeit products on marketplaces
Counterfeit cosmetics bearing your brand on Amazon, eBay, or social media are a safety risk and a reputational one. A registered trade mark gives you access to platform IP complaint processes to have counterfeit listings removed.
Protecting individual product names
Many cosmetics brands give distinctive names to individual products or product lines (think "Double Wear" or "Lip Injection"). If these names function as trade marks and are commercially important, they may warrant their own registrations separate from your house brand.
Descriptive product names you cannot enforce
Cosmetics brands often incorporate ingredient names or scientific terms into their branding. The problem is that descriptive terms are difficult to register and even harder to enforce. We have seen this first-hand: a client came to us after a major multinational launched a competing product using a near-identical name. Because the shared term was descriptive of the product's ingredients, our client had no practical ability to stop it, despite holding a registration that included the term. Choosing a distinctive name from the start avoids this situation entirely. See our guide on how to choose a strong trade mark.
Expanding across beauty categories
A skincare brand that moves into makeup, fragrances, or beauty tools needs additional trade mark classes. Class 3 covers cosmetics and skincare, but fragrances, beauty devices (Class 11), and beauty treatment services (Class 44) sit in different classes. Filing strategically from the start avoids coverage gaps.
International expansion and grey market goods
Cosmetics brands often sell into or source from multiple countries. Trade mark rights are territorial, so an Australian registration only protects you in Australia. If your products are sold internationally, you need registrations in those markets to control distribution and prevent unauthorised sellers. See our guide on whether you need an international trade mark.
Trade mark classes for cosmetics businesses
When you file a trade mark in Australia, you select one or more "classes" that describe what your business does. There are 45 classes in total, covering everything from clothing to software to restaurant services. Each class you include in your application attracts a separate filing fee. Here are the classes we most commonly file for cosmetics businesses.
Class 3
Cosmetics, skincare, makeup, fragrances, hair care, and personal care products. The core class for most beauty brands. Covers the products themselves as goods.
Class 5
Medicated skincare, pharmaceutical preparations, and therapeutic cosmetics. Relevant for brands positioning products as medicated or therapeutic (e.g. acne treatments, medicated lip balm).
Class 44
Beauty treatment services, skincare clinics, and cosmetic treatment services. Covers the service of providing beauty treatments, not the products sold.
Class 35
Retail services, online retail, and franchise services. Covers the activity of selling cosmetics products, whether online, in-store, or through a franchise model.
Class 21
Beauty tools, makeup brushes, applicators, and cosmetic containers. Covers the tools and accessories sold alongside cosmetics products.
How Markster helps protect your cosmetics trade marks
Trade mark applications
File your cosmetics trade mark with fixed-fee certainty and expert guidance on class selection
Learn moreTrade mark monitoring
Get alerted when a competitor files a similar mark in cosmetics or beauty classes
Learn moreTrade mark enforcement
Take action against dupes, counterfeiters, and unauthorised sellers
Learn moreInternational trade marks
Protect your brand in the markets you sell into or manufacture in
Learn more
Speak to Kate
Director & Co-Founder
Kate is an intellectual property and technology lawyer with a decade of experience in trade mark strategy, portfolio management and commercialisation for clients ranging from startups to ASX-listed companies.
Frequently asked questions
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Should I trade mark individual product names?
Can I trade mark a product ingredient or formula?
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Should I register my logo, brand name, or both?
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File online in minutes with fixed-fee pricing, or talk to one of our cosmetics specialists about your brand.