As we all know, trademark registration permits businesses to claim ownership of their unique brand names and protects them from misuse and infringement worldwide. Registration of trademarks will undoubtedly make it easier and more convenient for businesses to promote their brand and protect their rights. Depending on the nature of the business activity, trademark applications are classified under 45 different classes. This article provides an overview of trademark class 2, which deals with paints and varnishes.
Did You Know? There were approximately 256 thousand industrial trademarks registered in India during the financial year 2021.
What Is a Trademark?
Trademarks are types of intellectual property consisting of a recognisable design, sign, or expression that distinguishes products or services of one source from those of another. Trademarks used to identify services are generally referred to as service marks.
In total, trademarks have 45 classes, and manufacturing goods and services are assigned to different trademark classes. Different trademark registrations are required for different classes. This classification is based on the nature of the business activity. There are two sections of classification present,
- Classes for Goods
- Classes for Services.
There are almost 80,000 items classified into these two sections.
What Is a Trademark Class 2?
The paints, colourants, and preparations used for erosion protection are included in Trademark Class 2. This Class includes paints, lacquers, and varnishes for industry, arts, dyestuffs for clothing, and colourants for foodstuffs and beverages. Also, the handicraft trademark class falls under Class 2. To narrow the search in the trademark database, this trademark Class 2 focuses on the following materials belonging to a wide range of fields,
- Paints and washes
- Clothing dyes, inks, and colours
- Thickeners and thinning agents for paints, dyes, inks, and coatings
- Varnishes and polishes for industries, crafts, and arts
- Natural raw resins
- Corrosion and rust prevention preparations
- Food and beverage colourants
- Paints classification for ceramics, mordants, emulsions, inks, and inks
- Wood preservers to prevent rust and deterioration
- Painters, artists, painters, and decorators use metal powders and foils.
Also Read: What Are Different Types of Trademarks in India? Examples & Kinds of Trademarks
What Advantages Does Trademark Registration Have?
Using a trademark, you can distinguish your merchandise and services from your competitors. While geographical names, fair trade words, familiar names, and standard density cannot be registered, it is crucial to keep this in mind.
Providing Legal Protection
In line with IPR regulations, trademarks are protected from annexation. Additionally, trademark registration entitles the holder to use the trademark based on the class of goods or services offered by the trademark. Your products can be marked with the Symbol "TM" once you have applied and filed the trademark application.
Differentiation of Products
With a trademark, you can differentiate your product from your competitors. The trademark registration will also confirm the registration of all goods and services described, which will help you accurately identify your products.
Recognition of Brands
Customers compare the appearance, quality, and features of any product with similar products from other companies. A registered trademark identifies the product by its design.
Asset Creation
Any business venture benefits from trademark registration. Trademarks are Intellectual Property Rights that bind a value to the products they identify. Any trademark can be sold, authorized, distributed, or commercially exploited.
How To Register for Trademark Class 2?
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Search for trademarks
Find marks identical or similar to those already registered with Trademark Registry. The Trademark Registry Online Website is the only trademark search method. Upon finding a unique name, the owner can register a trademark.
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Filing a trademark application
A Trademark Application will be filed with the Registrar after completing the Trademark search. Registration applications must include the following information:
- Registration mark
- Details about the owner
- A list of the goods and services that the Trademark must cover
- Classification of trademarks
When the trademark registration application is ready with all the required information, the owner can file it online or offline. Online applications require a Digital Signature Certificate, while offline applications must be mailed to the Trademark Registry office.
A Registrar will review the application after it has been filed to determine if there are any disagreements. The Registrar will then examine previously registered marks and any pending applications for Trademark Registration to determine the exclusivity of the name.
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Allotment of a trademark application
A Trademark Application Allotment Number will be issued within 2-3 working days of applying with the Trademark Registrar. Online tracking is available for trademark applications. It is possible to add a TM symbol to a company's logo after obtaining the Trademark Application Allocation Number
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Examining trademarks
To review the Trademark Application, check for accuracy, and issue the Trademark Examination Report, the Trademark Officer at the Trademark Registry Office is contacted. The Trademark Officer can accept or reject an application for Trademark Journal Publication or can raise a complaint regarding the Trademark Registration Application.
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Trademarks Published in Trademark Journals
Trademark Journals circulate anticipated trademarks. Trademarks accepted by the Trademark Registrar are listed in the Trademark Journal. The Journal is published every week. Those who believe that the registration of the Trademark will damage their rights can oppose it. After 90 days, if no objections are filed, the Trademark will become permanent for the entity registering.
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Trademark registration
A Trademark Certificate will be issued if the Registrar receives no objections to either the Trademark Application or Trademark Journal.
What Are The Requirements for Trademark Registration Class 2?
- Details of the brand name, symbol, logo, or slogan that requires trademark registration
- First use date of the trademark
- Name and address of the trademark owner. The name of all the company members if the mark is sought on the company name
- The TM-48 authorization form.
Goods That Do Not Fall Under Trademark Class 2
Trademark Class 2 does not cover the following goods:
- Unprocessed synthetic resins (Trademark Class 1)
- Bluing laundry, a process of whitening laundry (Trademark Class 3)
- Dyes used in cosmetics (Trademark Class 3)
- Paint boxes (Trademark Class 16)
- Varnishes and paints for insulating (Trademark Class 17)
Also Read: What Are Trademark Classes? Explained in Detail Along with Trademark Class List
List Of Goods That Fall Under Trademark Class 2:
Paints and Varnishes
- The aluminium powder used for painting
- Alizarine and Aniline dyes
- Aluminium paints
- Dyestuffs like Annatto or Annotto
- Anti-corrosive bands and preparations
- Anti-fouling paints
- Anti-rust oils and greases
- Anti-rust preservative preparations
- Anti-tarnishing metal preparations
- Asbestos paints
- Auramine
- Bactericidal paints
- Badigeon
- Binding preparations for paints
- Bitumen varnish
- Black japan
- Bronze powder for painting
- Bronzing lacquers
- Canada balsam
- Caramel food colour
- Pigmented carbon black
- Wood preservatives like carbonyl
- Ceramic paints
- Coating paints
- Coatings for roofing felt (Paints) / Coatings for tarred felt (Paints)
- Cobalt oxide (Colorant)
- Cochineal carmine
- Colophony
- Colorants* / Dyestuffs
- Colorants for liqueurs
- Colourants for beer
- Colourants for butter
- Colourants for beverages
- Copal
- Copal varnish
- Creosote for wood preservation
- Distempers
- Dyes*
- Dyewood extracts / Wood dyestuffs
- Dyewood / Colouring Wood / Dye-wood
- Enamels/ Varnishes
- Enamels for painting / Enamel paints
- Engraving ink
- Fireproof paints
- Fixatives for watercolours
- Metal foil for painters, decorators, printers and artists
- Food dyes and colours
- Gamboge for painting
- Paints and Lacquer glazes
- Gum resins
- Gum-lac / Shellac
- Indigo (Colorant)
- Ink for skin-dressing
- Ink for leather
- Lamp black (Pigment)
- Limewash
- Malt caramel (Food Colorant)
- Malt colourants
- Marking ink for animals
- Mastic (Natural Resin)
- Metals in powder form for painters, printers, decorators and artists
- Mordants
- Natural and raw resins
- Preservative oils for wood
- Orange lead/litharge
- Repositionable paint patches
- Paints*
- Paper for dyeing easter eggs
- Pigments and primers
- Printing ink compositions
- Printing ink
- Protective preparations for metals
- Red lead
- Saffron (Colorant)
- Sandarac
- Shoe dyes
- Siccatives for paints (Drying agent)
- Sienna earth
- Silver emulsions (Pigments)
- Silver paste
- Silvering powders
- Soot (Colorant)
- Stains for leather / Mordants for leather
- Sumac for varnishes
- Thickeners for paints
- Thinners for lacquers
- Thinners for paints
- Titanium dioxide (Pigment)
- Toner cartridges, filled, for photocopiers and printers
- Toners ink for photocopiers
- Turmeric [Colorant]
- Turpentine [Thinner for Paints]
- Undercoating for Vehicle Chassis / Undersealing for Vehicle Chassis
- Varnishes*
- White lead
- Whitewash
- Wood stains
- Wood mordants
- Wood preservatives
- Wood coatings [Paints]
- Yellowwood [Colorant]
- Zinc oxide [Pigment]
Specimen For Class 2
For commercial purposes, you may need to provide a specimen with the appropriate mark so that consumers can see it. The following can be used to represent a trademark specimen:
- Identifying tags
- Labels
- Containers
- Displays
Marking goods with a copy or reproduction of the specimen is also acceptable. Labels are usually used to identify products in class two. It is also possible to use shipping and mailing labels as long as they are attached to the goods or containers. Although, it is not acceptable to use the trademark only as the trade name.
Also Read: Trademark Check - How to Check if Trademark is Available
Examples Of Class 2 Trademarks
- Goodlass Nerolac Paints Limited
- Asian Paints Limited
- Dulux
- Berger
- Nippon paint
- TATA
- Indigo
- Pidilite
- Poddar pigments.
Conclusion
In a nutshell, registering a trademark for your business is one of the most critical steps in building your company. Registration can be done both online and offline. Apart from this, before proceeding with registration, identify your business class correctly. Trademark class 2 registration is vital for paints and varnishes. However, many companies overlook the category of goods and services involved in these activities. You can enhance your brand's exclusivity and safety by paying attention to the context of Trademark Class 2 Registration.
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