An international class 2 trademark deals with paints, pigments, and other related materials.
There are 45 total trademark classes for goods and services. A part of the application process for trademarks registered with the United States Patent and Trademark Office (USPTO) is determining what class or classes fit your good or service.
Registering a Class 2 Trademark
Registering a trademark gives you legal protections, establishes your brand, and sets you apart from your competition.
If you decide to register a federal trademark, you can do so online with the USPTO. You will want to factor in the cost of registration and how many classes apply to your business. The more you have to protect, the more classes your business may fit.
What Is a Class 2 Trademark?
Class 2 is for paints, varnishes and lacquers; preservatives; colorants; mordants; raw natural resins; and foil and powder metals for artists.
Paints, Varnishes, and Lacquers
Class 2 covers paints, varnishes, and lacquers for commercial use as well as the arts. Some of the paints, varnishes, and lacquers in class 2 include:
- Aluminum paints
- Anti-fouling paints to slow the growth of barnacles, algae, and marine creatures; and corrosion of boat hulls
- Ceramic paints
- Enamel paints
- Glazes and fireproof paints
- Paint and primer
If your company makes these or some other types of paints, then consider registering with class 2.
Class 2 also covers materials, like ant-fouling paints, that prevent corrosion. Some preservatives under class 2 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 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.
Mordants are fixatives that hold the colorants listed above in place as well as for wood and leather.
Raw Natural Resins
Classes 1 and 17 include some resins, but class 2 protects raw natural resins. Some examples of raw natural resins that fall under class 2 are:
- Gum resins
Foil and Powder Metals
Metals found in foil and powder form for artistic purposes would fall under a class 2 trademark. Other metals fall under different classes like classes 6 (metal goods) and 14 (jewelry).
Sometimes when you register for a trademark, your good or service will fall under more than one international trademark class. Some classes related to class 2 are class 3 (cosmetic and cleaning preparations), class 1 (chemicals), 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. If your company uses anything from class 2 for dyeing clothing or treating other materials, you may consider registering under class 40.
What Is Not Covered Under Class 2?
There are some related goods that are excluded from class two. These include:
- Unprocessed artificial and semi-processed resins (Cls. 1 and 17)
- Mordants for metals (Cl. 1)
- Laundry blueing (Cl. 3)
- Cosmetic dyes (Cl. 3)
- Paint boxes (Cl. 16)
- Stationery inks (Cl. 16)
- Insulating paints and varnishes (Cl. 17)
Although the items not found in the class 2 trademark category fit in with the other goods, the related classes fit them better. 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. 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. The 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.
The Class 2 trademark encompasses paints, varnishes and lacquers; preservatives; colorants; mordants; raw natural resins; and foil and powder metals for artists. Remember there are some exceptions to what falls under a class 2 trademark, and also be sure to consider how your business uses these materials.
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. Figuring out the international trademark class that fits your needs is a crucial part of the application process.