The international class 2 trademark is used to refer to paints, pigments, and similar materials. Class 2 is one of 45 trademark classes listed for both goods and services. When applying for a trademark with the United States Patent and Trademark Office, part of the application process will be determining which class your patent fits into. Properly registering your trademark will:

  • Provide you with legal protections.
  • Establish your brand.
  • Set you apart from the competition.

When determining the cost of registration, you will need to know how many classes your business may apply in. The more property you have to protect, the more likely you will have multiple classes where it may fit.

What Does Class 2 Cover?

Class 2 will cover a number of related items such as:

  • Varnish.
  • Lacquer.
  • Preservatives.
  • Colorant.
  • Mordant.
  • Raw natural resin.
  • Foil metal.
  • Powder metal.
  • Aluminum paint.
  • Anti-fouling paint.
  • Ceramic paint.
  • Enamel paint.
  • Glazes.
  • Fireproof paints.
  • Primer.
  • Anti-corrosive paints.
  • Anti-rust paints.
  • Anti-tarnishing material.
  • Oil used for wood preservation.
  • Copal.
  • Gum resin.
  • Mastic.

When registering for a trademark you may find that the product or service that you offer falls under one or more of the international trademark classes. There are classes that are closely related to class 2 items, and there may be some crossover when identifying the appropriate class. Some of the classes commonly linked to class 2 items include:

  • Class 3 - cosmetic and cleaning preparation.
  • Class 1 - chemicals.
  • Class 16 - paper goods and printed matter.
  • Class 17 - rubber goods.

There are also instances where you may be required to register under multiple classes. For example, if your class 2 products are being used for building construction or repairs, you could also need to register it under class 37, construction and repair services, as well. Or if you are using your class 2 products for dyeing or the treatment of clothing, you will also have to register under class 40, which covers the printing and treatment of materials.

It is also important to note that even if your trademark fits in the class 2 category, there still might be a class that fits them better. If you find yourself stuck between two classes that could equally fit your product you should consult an attorney to determine which WIPO standards will best apply.

Specimens for Class 2

When you plan to use the mark for the purpose of commerce, you may be required to furnish a specimen with the appropriate mark so that it is visible to consumers. A trademark specimen can be represented by:

  • Tags.
  • Labels.
  • Containers.
  • Displays.

You can also use a copy or mark reproduction of the specimen to mark goods, and it still is considered acceptable. Most often products in class two will be identified with labels. You can also use both shipping and mailing labels as long as they are affixed to the goods or the containers in which the goods are packaged. Yet the trademark must be used as the trade name only is not acceptable.

Why Should You Register a Trademark?

You may find yourself asking the question, do I really need a registered trademark? If you plan to expand or grow your business, the answer is yes as common law trademark laws may not be enough to protect your property. Common law trademark rights can help protect your product within the local market. Unfortunately the farther you branch out and grow even regionally the risk that your rights will weaken. If you plan on moving into the e-commerce market registering a trademark is a necessity to ensure protection.

Additionally, when your trademark is properly registered, you will then have the power to enforce it and file suit for damages against someone who infringes on your rights at the federal court level. With registration, you will have rights that extend out of local jurisdiction and can even protect you in the online world. Registering with the USPTO, your trademark will be protected in 50 states.

You can also expect brand protection when you register your trademark. The best way to successfully grow your business is by proving yourself through your brand and making your brand easily identifiable in the customer's mind. A trademark can also ensure that your customers remember your name over the competition.

If you need help with understanding a class 2 trademark, you can post your legal need on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.