Introduction
Trademark Class 2 includes paints, varnishes, lacquers, preservatives against rust and against deterioration of wood, colorants, dyes, and mordants. This class primarily covers products used for protecting surfaces, coloring objects, and industrial or artistic coatings. For businesses involved in manufacturing, distributing, or selling such items, registering a trademark under Class 2 is vital for securing exclusive brand identity in this domain.
This article provides a complete guide to understanding the scope, inclusions, exclusions, and legal implications of Trademark Class 2 under Indian law.
Legal Framework Under Indian Law
India adopts the NICE Classification system, an internationally accepted classification standard. Under the Trade Marks Act, 1999 and the associated Rules, trademark classes guide the Registrar in examining the application. Trademark Class 2 is recognized under this classification as one of the 45 trademark categories, where Classes 1–34 deal with goods.
Failure to register under the correct class can result in office objections (Section 9 – absolute grounds; Section 11 – relative grounds) or even invalidation in infringement suits.
What Is Covered Under Trademark Class 2
Trademark Class 2 includes a wide range of goods designed to protect or decorate surfaces. These include:
- Paints (emulsion, enamel, acrylic, etc.)
- Varnishes and lacquers
- Anti-rust agents and protective coatings
- Wood preservatives
- Natural resins (raw)
- Dyes and mordants
- Metal foil for painters, decorators, printers
- Pigments and industrial colorants
Businesses selling surface coatings, furniture polishers, automotive paints, and food-safe dyes often fall under this classification.
Examples of Goods Under Class 2
- Decorative wall paints
- Automotive spray paints
- Water-based wood stains
- Clear varnishes for furniture
- Anti-corrosion marine paint
- Food colorants (non-edible application)
- Printing inks
- Gold and silver foil for artistic purposes
- Tempera and oil-based art paints
- Preservatives for wood and metals
Goods Not Covered Under Class 2
Certain products that appear to belong to Class 2 are actually classified elsewhere due to their usage. These include:
- Artificial unprocessed resins – Class 1
- Laundry blueing agents – Class 3
- Cosmetic dyes – Class 3
- Paint boxes (toys/stationery) – Class 16
- Insulating paints and varnishes – Class 17
Proper identification ensures your mark is examined under the correct legal criteria.
Real-World Trademark Examples (Class 2)
- ASIAN PAINTS – Decorative and industrial paints
- NEROLAC – Protective coatings, emulsions
- SHALIMAR – Surface finishes and primers
- BERGER – Wall coatings and waterproofing agents
- DULUX – Colorants and residential paints
Why Correct Classification Matters
Filing under the correct class ensures:
- Smooth application processing
- Proper protection during infringement claims
- International validity via Madrid Protocol
- Stronger enforcement rights
Misclassification may delay registration or weaken your case during brand conflicts.
Trademark Filing Procedure for Class 2
- Conduct a Class 2 trademark search using the Indian Trademark Public Search tool.
- File TM-A with the correct description of goods.
- Respond to any examination report from the Registrar.
- Once accepted, it is published in the journal.
- If unopposed in 4 months, a registration certificate is issued.
Documents Required:
- Applicant ID Proof
- Business Registration Certificate
- Trademark (wordmark or logo)
- Power of Attorney (Form TM-48)
Common Mistakes While Filing in Class 2
- Mixing up decorative paints with cosmetic items (e.g., nail polish, lipstick dye)
- Not specifying the type of paint or application
- Over-claiming unrelated categories (leads to Section 11 objections)
- Misunderstanding raw vs. processed resins
A proper description and class-specific filing strategy reduces risk of delays and rejection.
International Comparison (EUIPO and USPTO)
- USPTO (US): Class 002 corresponds to the same paint and coating products.
- EUIPO (EU): Class 2 holds identical scope, covering dyes, varnishes, and resins.
If you plan to expand abroad, a consistent filing across jurisdictions helps establish global brand protection.
Frequently Asked Questions (FAQs)
- Can I register emulsion and enamel paints under Class 2?
Yes. - Is wood polish covered under Class 2?
Only if it’s a chemical-based protective polish, not cleaning agents. - Are food dyes covered here?
Only those not intended for direct consumption (food-safe coatings). - What class are wall primers filed under?
Class 2. - Should I file metallic foil for printing under Class 2?
Yes, if it’s for artistic or industrial use. - Do cosmetic dyes come under Class 2?
No, those are Class 3. - What if I manufacture both paint and cosmetics?
File under both Class 2 and Class 3. - Can I register art paints (tempera/oil)?
Yes, Class 2 covers artistic paints. - Are varnishes for boats included?
Yes, protective marine coatings fall under Class 2. - Can I use one application for multiple types of paints?
Yes, under Class 2 with a proper description.
Conclusion
Trademark Class 2 plays a pivotal role for manufacturers and retailers dealing in protective coatings, dyes, and surface finish products. A proper understanding of the scope and exclusions ensures your brand is correctly classified and legally safeguarded.
Whether you’re launching a new paint product line or protecting an existing brand in varnishes or colorants, correct filing under Class 2 is essential. At RegistrationMART, we ensure your trademark journey is smooth, strategic, and successful.
Get in touch with our experts today for tailored advice on registering under Trademark Class 2 and beyond.
