An international class 2 trademark protects business who manufacture various types of paints, pigments, and other related materials.
There are 45 total trademark classes for goods and services.
One of the most crucial parts of the trademark application process is determining what class (or group of classes) best fits your good or service.
In this article, we'll go over Class 2 trademarks as they are used by the United States Patent and Trademark Office (USPTO).
How do I Register a Trademark?
Registering a trademark is actually much easier than you might realize. By registering your mark, you gain various legal protections which can help you protect your brand.
If you decide to register a federal trademark, you can do so online with the USPTO.
Generally, this will involve getting a trademark search report, then simply filing your paperwork on the USPTO's online portal.
What Is a Class 2 Trademark?
Class 2 is for paints, varnishes, lacquers, preservatives, colorants, raw natural resins, and several other related goods.
Foil and powder metals for artists also fall under this class.
Paints, Varnishes, and Lacquers
As stated, Class 2 covers many chemicals and mixtures which apply color to things.
Some common examples of Class 2 products include:
- Aluminum paints
- Anti-fouling paints (these slow the growth of barnacles, algae, and marine creatures on boats)
- Ceramic paints
- Enamel paints
- Glazes and fireproof paints
- Paint and primer
If your company makes these or any other type of paint, then consider registering with Class 2.
Preservatives
Class 2 also covers materials that preserve things and prevent corrosion. Some examples of these types of goods include:
- Anti-corrosive preparations and bands
- Anti-rust preparations, oils, and greases
- Anti-tarnishing materials
- Oils for wood preservation
Like varnishes and lacquers, preservatives under Class 2 are outer coats that stop materials from breaking down from exposure to the elements.
Colorants
Colorants are dyes, pigments, and inks.
From food and beverage coloring to engraving ink and other artists’ pigments, Class 2 encompasses most of them.
Thickeners and thinners for colorants also fall under Class 2.
Raw Natural Resins
Both Class 1 and Class 17 include some types of commercial resin, but class 2 protects raw natural resins.
Some examples of raw natural resins that fall under Class 2 are:
- Copal
- Gum resins
- Mastic
Foil and Powder Metals
Finally, certain metals used in foil and powder form for artistic purposes also fall under a class 2 trademark.
There is some overlap here with other similar classes which use the same metals, such as Class 6 (general metal goods) and Class 14 (jewelry).
Related Classes
Sometimes when you register for a trademark, your good or service will fall under more than one international trademark class.
Some classes related to this class include Class 1 (chemicals), Class 3 (cosmetic and cleaning preparations), Class 16 (paper goods and printed matter), and Class 17 (rubber goods).
If your company uses any of the goods from Class 2 for services for building construction and repairs, you may need to also register under Class 37, which covers building services.
If your company uses anything from Class 2 for dyeing clothing or treating other materials, you may consider registering under Class 40 (Treatment of Materials Services).
What Products Aren't Covered Under Class 2?
There are some related goods that are excluded from Class two. These include:
- Unprocessed artificial and semi-processed resins (Class 1 and Class 17)
- Mordants for metals (Class 1)
- Laundry bluing (Class 3)
- Cosmetic dyes (Class 3)
- Paint boxes (Class 16)
- Stationery inks (Class 16)
- Insulating paints and varnishes (Class 17)
Remember, if you are stuck between two different classes that both fit your product, an attorney can help you figure out which one fits better according to the WIPO standards.
Why Should You Register a Trademark?
Regardless of what class or classes your good or service fall under, you might be wondering why you need a registered trademark.
The answer, simply, is that if you plan to continue to grow your business, common law trademark rights might not be enough.
Common law trademark rights protect you on the local level.
However, these protections begin to weaken as you grow geographically, as well as if you decide to move into e-commerce.
Common law trademark rights also might apply to dead or abandoned trademarks.
When you register your trademark, you gain the power to file for damages against someone who infringes on your rights in federal court.
Your legal rights extend to e-commerce and locations outside of your original jurisdiction.
In fact, once you register with the USPTO, your trademark rights protect you in all 50 states.
Using a trademark also protects your brand.
The best way to build a successful business is to show your customers that your product is uniquely suited to their needs.
Once you establish your product in your market, using a trademark will make sure your customers continue to recognize and use your product over your competitors’.
When Should You Hire a Trademark Attorney?
The best way to avoid problems during the trademark registration process is to consult with an attorney from the start.
Trying to figure out the registration process can be difficult.
Registering takes time and effort, so when you finally decide to submit your application, working with an attorney can help increase your chances of approval with the USPTO.
In addition, trademark attorneys work with applications and examiners all the time, so they have some expertise.
If you are filing for the first time, or the USPTO asks you for additional information or to reply to an office action, someone with experience will be able to guide you through the process efficiently and effectively.
Conclusion
The Class 2 trademark encompasses paints, varnishes and lacquers; preservatives; colorants; mordants; raw natural resins; and foil and powder metals for artists.
Remember that there are some exceptions to what falls under Class 2, and also be sure to consider how your business uses these materials before applying.
Registering a trademark might seem intimidating, but in the long run, it will allow you to grow your business with important legal protections in place.
