Trademark Class 5: Pharmaceuticals & Supplements
Class 5 covers dietary supplements, vitamins, medicated preparations, and sanitary products.
Class 5 covers pharmaceuticals & supplements. The USPTO charges $350 per class. With MARQ, a one-class federal registration is $849 all in — a flat $499 attorney fee plus the $350 USPTO fee at cost.
Class 5 is the health class: dietary and nutritional supplements, vitamins, medicated skin preparations, sanitary preparations, and pharmaceuticals. It is one of the busiest classes for new e-commerce brands, because supplements are the archetypal private-label product.
It is also a class where the boundary lines are unusually consequential. A protein powder, a gummy vitamin, a medicated cream, a non-medicated moisturizer, and an herbal tea can feel like the same aisle to a founder and land in four different classes at the USPTO. The class turns on function: is it medicated or supplemental (5), cosmetic (3), or food (29/30)?
What Class 5 covers
- Dietary and nutritional supplements
- Vitamins and mineral supplements
- Herbal supplements and powders
- Medicated skin preparations and ointments
- Pharmaceutical preparations
- Sanitizers, disinfectants, and sanitary preparations
- Medical foods and meal replacement products for medical use
- Veterinary preparations
Typical Class 5 identifications: “Dietary supplements; Nutritional supplements; Vitamin supplements; Herbal supplements; Dietary supplemental drinks; Medicated skin care preparations.” Because supplement brands frequently sell across 5, 29, 30, and 32, the goods description is where an attorney earns their fee.
What Class 5 does not cover
Each of these is a separate class with its own $350 USPTO fee. Getting this boundary wrong is the most common reason a registration turns out not to protect what the owner thought it protected.
| If you also sell… | You need… |
|---|---|
| Non-medicated skincare, lotion, and cosmetics | Class 3. “Medicated” is the switch — a moisturizer is 3; an acne treatment is 5. |
| Protein bars and functional foods eaten as food | Class 29 or 30 depending on the ingredients — a snack bar is generally food, not a supplement. |
| Energy drinks and functional beverages | Class 32 — drinks are beverages even when they contain supplements. |
| Fitness coaching or nutrition programs | Class 41 (education) or 44 (health services). |
| Selling other brands’ supplements in a store | Class 35 — retail services. |
Who files in Class 5
- Supplement and vitamin brands
- Private-label sellers on Amazon in the health category
- Medicated skincare and OTC treatment brands
- Nutraceutical and functional health companies
- Pet supplement brands (Class 5 for veterinary preparations)
- Sanitizer and hygiene product brands
Classes that usually go with Class 5
| Class | Why it comes up |
|---|---|
| Class 3 | Non-medicated skincare and cosmetics — very common companion for a wellness brand. |
| Class 29 | Protein powders and food-style products that are not supplements. |
| Class 30 | Teas, coffee, and grain-based snacks. |
| Class 32 | Energy and functional drinks. |
| Class 35 | If you also run a store selling other brands. |
Cost math: each additional class is $350 more in USPTO fees. MARQ’s $499 attorney fee does not change. Two classes: $499 + $700 = $1,199. Three: $499 + $1,050 = $1,549.
Pitfalls specific to Class 5
Medicated vs. non-medicated decides the class
The USPTO draws the line at whether the product makes or implies a therapeutic claim. A cream that treats eczema is Class 5. The same cream, sold as a moisturizer with no medical claim, is Class 3. Brands that sell across both — a “clean beauty plus wellness” line — often need both classes at $350 each, and picking one arbitrarily leaves half the line unprotected.
Regulatory-sounding names get scrutinized
Supplement names lean heavily on descriptive and laudatory terms — words that describe the ingredient, the benefit, or the effect. Those are exactly the names Section 2(e)(1) refuses as merely descriptive. Health claims in the mark can also draw deceptiveness questions. Distinctiveness, in this class, is a business decision made at the naming stage.
Amazon sellers filing “retail services” instead of Class 5
If you private-label a supplement, you sell goods. Amazon Brand Registry links your brand to your products, and your registration should cover the products in the bottle — not a “retail store services” description that has nothing to say about them. Class 5 is the class that matches what you actually ship.
Class 5 questions
What class are dietary supplements in?
Class 5 — dietary supplements, nutritional supplements, and vitamins. Protein bars and food-style products are usually Class 29 or 30, and functional drinks are Class 32.
What is the difference between Class 3 and Class 5 for skincare?
Class 3 is non-medicated cosmetics and skincare. Class 5 is medicated preparations. If the product treats a condition, it is Class 5; if it cleanses, moisturizes, or beautifies without a therapeutic claim, it is Class 3. Lines that do both need both classes.
What class do I file in as an Amazon supplement seller?
Class 5, for the supplements themselves. That is the registration that supports Amazon Brand Registry for your product listings. A Class 35 “retail services” registration describes a store, not your product.
How much does it cost to trademark a supplement brand?
$849 in one class — $499 flat attorney fee plus $350 USPTO fee at cost. A brand covering supplements (5) and skincare (3) pays $499 + $700 = $1,199.
Filing in Class 5?
Start with the free search to see what is already on the register. The $49 comprehensive attorney report tells you whether the mark is clearable in this class — before you spend $350 with the USPTO. Registration is a flat $499 plus USPTO fees at cost.
Run a free searchSee flat pricingFree DIY search · $49 comprehensive attorney search · $499 + USPTO fees to register
Fee and deadline figures on this page come from the USPTO: trademark fee information, additional fees for trademark applications, and the USPTO trademarks dashboard. This page is general information about U.S. trademark law, not legal advice, and reading it does not create an attorney–client relationship. No attorney can guarantee registration — the USPTO decides.