Trademark Class 2: Items Classified as Paint and Varnishes

The term “Trademark Class 2” denotes the trademark registration for every sort of paint, varnishes, and lacquers. This class also deals with the preservatives used against the decay, damage, or corrosion to wood.

In this blog, we will talk about the items that are classified as Paints and Varnishes and need Trademark Registration under Trademark Class 2.

Concept of Trademark Classes

The term “Trademark” denotes the protection given to a logo, caption, brand name, and symbol of a company against Replication and Imitation. It provides authority to the owner regarding his/her goods and services.

In India, the CGPDT (Controller General of Patents Designs and Trademarks) acts as the Regulatory Authority for the Trademarks. In contrast, the Trademarks Act 1999 acts as the Regulatory Framework for the same.

Further, the term “Trademark Classes” represents the categories under which an owner or the service provider can obtain Trademark Registration in India for the respective goods and services.

As per NICE Classification^[1], there are 45 different classes of goods and services available for Trademark Registration. Out of which 34 classes come under the ambit of “TM Class for Goods”, and the remaining comes under “TM Class for Services”.

Concept of Trademark Search India

Each class of trademark classification deals with a different set of goods and services. That means it is essential for the owner to select the correct class for Registration. In case, the applicant selects an incorrect trademark class, he/she will be required to fill the application form again.

Further, the process of determining the valid trademark class is known as “Trade Mark Search” or “TM Search”. An Applicant can make “TM Public Search” or “Trademark Public Search” through ITRD (Indian Trademark Registry Database).

Through a TM Search, an applicant can easily determine whether his/her goods and service fall under the trademark classification or not.

Concept of Trademark Class 2

This specific class of Trademark deals with every type of Varnishes, Paints, Lacquers, etc. It even includes Preservatives used against the decay, damage, and corrosion to wood.

Further, it comprises of metal used in Dyes, Foils, Colorants, and Raw Natural Raisins, etc. That means all kinds of Paint and related items used by a Painter are covered under the ambit of Trademark Class 2.

One of the most prominent examples of Trademark Class 2 is “Berger Paints” by Bergers Paint India Private Limited.

Categories of Trademark Class 2

The sub-categories of this specific class are as follows:

1. Paints
2. Varnishes
3. Lacquers
4. Preservative

Goods not covered under Class 2 of Trademark Classification

The goods or the items not covered under Class 2 of Trademark Classification are as follows:

1. Unprocessed Artificial Resins as per Trademark Class 1
2. Cosmetic Dyes as per Trademark Class 3
3. Laundry Blueing as per Trademark Class 3
4. Paint Boxes (used in Schools) as per Trademark Class 16
5. Insulating Paints and Varnishes as per Trademark Class 17

Specimen and Example of Class 2 of TM Classification

Whenever an owner or service provider wants to Trademark for the purpose of commerce, then he/she needs to furnish a specimen or sample with a valid mark that is clearly visible to the consumers. The places where a trademark specimen can be represented are as follows:

1. Tags
2. Labels
3. Containers
4. Displays

Further, an individual can use a copy of the Trademark Specimen to mark goods. Moreover, he/she can use both Mailing and Shipping labels as well. However, the same is possible till the time labels are affixed on the containers or goods.

Concept of Related Classes

The term “Related Classes” or “Coordinated Classes” denotes the situation wherein a product or falls with two or more Trademark Classes. The classes that are closely related to the items of Trademark Class 2 are as follow:

1. Trademark Class 4: Lubricants and Industrial Oils;
2. Trademark Class 42: Science and Technology Services;
3. Trademark Class 31: Grains and Agriculture;
4. Trademark Class 32: Beer and Beverages; and
5. Trademark Class 33: Alcoholic Beverages;

Conclusion

After a thorough discussion, it is crystal clear that it is necessary for an applicant to choose a correct class under the Trademark Classification.

Further, the process of Trademark Search plays a crucial role in determining the correct as well. It helps the applicant in checking whether a proposed trademark is applicable to his/her goods and services or not.

However, it is always advisable to take professional assistance in TM Public Search, and Trademark Registration, as one wrong step can make the applicant start the process of registration once again.

Reach out to Swarit Advisors we have a team of IPR experts having experience of more than 10 years in the field of Intellectual Property Rights. Our experts will guide you in the process of registration and assist you in the Trademark Objection, Trademark Assignment, and Trademark Renewal.

Also, Read:Trademark Class 1: Items Classified as Chemical Product