Trademark Class 2: Paints and Colorants

Introduction

Trademark Class 2 falls under the Nice Classification, an international system used to categorize goods and services for trademark registration purposes. It encompasses a diverse range of products essential for various applications in painting, coating, and coloration. Class 2 primarily includes paints, colorants, and preparations used for protection against corrosion. Examples of goods falling under this class include Wall paints, Automotive paints, Wood stains, Industrial coatings, Printing inks, Enamels, Pigments for textiles and cosmetics, and Artists’ paints and supplies.

Trademark Class 2  prescribes the following goods:

a. Paints: This covers all kinds of paints, including those used for artistic, industrial, or home purposes.

Example: Asian Paints Ltd is an Indian multinational paint company, engaged in the business of manufacturing paints

b. Varnishes and Lacquers: These items are used for the protection and decoration of surfaces.

Example: Kansai Nerolac Paints Limited is the largest industrial paint and third-largest decorative paint company in India engaged in a diversified range of paint products.

c. Preservatives Against Rust and Deterioration of Wood: Products prepared to protect wood and metal from rust and decay.

Example:  Berger Paints India Ltd is an Indian multinational paint company, engaged in the business of paints and products which are rust-resistant, innovative, and ecofriendly.

d. Colorants: This includes dyes, pigments, and other substances used to grant a form of color to materials.

Example: Sudarshan is a global supplier of high-end pigments with a diverse range of products ranging from organic, inorganic, and effect pigments to performance colorants, pearlescent pigments, and specialty chemicals.

• Inks: These are inks used for printing, marking, and engraving.
• Raw Natural Resins: These are unprocessed resins extracted from plants.
• Metals in Foil and Powder Form for Painters, Decorators, Printers, and Artists: This covers metallic powders and foils used in various artistic and decorative applications.

Inclusions and Exclusions under Trademark Class 2

Trademark Class 2  includes the following specifically:

✔ Paints, varnishes, and lacquers for industry, handicrafts, and arts;

✔ Thinners, thickeners, fixatives, and siccatives for paints, varnishes, and lacquers;

✔ Mordants for wood and leather;

✔ Anti-rust oils and oils for the preservation of wood;

✔ Dyestuffs for clothing;

✔ Colorants for foodstuffs and beverages.

However, the Class 2 excludes the following in specific which are as follows:

✘ Unprocessed artificial resins (Class 1), semi-processed resins (Class 17)

✘ Mordants for metals (Class 1)

✘ Laundry bluing and laundry bleaching preparations (Class 3)

✘ Cosmetic dyes (Class 3)

✘ Paint boxes (articles for use in school) (Class 16)

✘ Inks for stationery purposes (Class 16)

✘ Insulating paints and varnishes (Class 17)

Steps involved in registering Trademark under Class 2

• Initial Trademark Search

Before starting with the registration process under Trademark Class 2, a detailed Trademark Search is required to be conducted to ensure that the proposed trademark is unique and does not conflict with existing trademarks under Trademark Class 2. Search can be carried out online through the official website of the Trademarks Registry.

• Prepare and Draft the Trademark Application

For preparing and drafting the trademark application form (TM-A), the following information and documents are required to be collated:

• A clear representation of the trademark 
• Details of the applicant, including name, address, and nationality
• Description of goods or services associated with the trademark
• Date of first use (if applicable)
• Power of Attorney (if filed through an attorney)
• Digital Signature of the Applicant 

The application can be filed online through the official website or a physical application can be submitted at the nearest Trademarks Registry office.

• Submit the Application

The trademark application can be submitted online or offline by paying the requisite fees. The fee varies depending on whether you’re an individual, a startup, a small enterprise, or a large corporation. 

• Examination by the Trademarks Registry

The Trademarks Registry will review the application to ensure it complies with the relevant laws and regulations. They will assess the distinctiveness of the mark, potential conflicts, and other requirements.

• Publication in the Trademarks Journal

If the Registrar finds no objections or issues with your application, your trademark will be published in the Trademarks Journal. This publication allows interested parties to oppose the registration within a specific period (usually four months).

• Objection and Opposition Period

During the publication period, objections or oppositions can be filed by third parties against the proposed trademark. If an objection is filed, the opportunity to respond shall be granted.

• Registration Certificate

If there are no valid objections or if you successfully resolve any objections, the Registrar will issue a Certificate of Registration for trademark under Class 2. This certificate confirms your exclusive rights to the mark within Trademark Class 2.

Detailed List of goods classified under Trademark Class 2

Conclusion

Trademark Class 2 covers colorful items such as paints, varnishes, and similar products. These items add color and protect surfaces, which is important for art, construction, and manufacturing industries. You can visit the ” Trademark Class List ” to learn about other classes. With innovations in paints and coatings, it has become important to have proper classification and trademark protection under Class 2.

Learn how to protect your colorful items under Trademark Class 2 with legal advice. Our experts at Registration Arena can guide you through the Trademark Registration process in India smoothly and efficiently. Contact us today to get started!