This article has been written by Mr. Arjun Singh Tamang, a 2nd year student of Faculty of Law, University of Delhi.
Trademarks in India are protected by Indian Trademark Act, 1999. Trademark means a name, symbol, design, logo, color or combination of these which helps in product differentiation so that consumers can choose the goods and services of his own preferences and choices.
Registration of trademark is available for both goods and services in India. There are various groups in Indian Trademark statute and each group signifies different categories of goods and services. There are 45 groups as per statute in which Group 1 to 34 comprises of Goods or Products and Group 35 to 45 constitutes Services. Before filing an application for registration of trademark, one need to go through his work so that he can decide which type of trademark is the best suited for his product or service.
Importance of Groups in Trademark Registration
Selection of groups while filling application is the most important and crucial step as it determines everything about goods or services including scope of protection it will receive after getting its registration done.
Grouping helps in identifying the type of products and makes it easier for compilation i.e. specific types of goods to be kept in single groups. Protection of trademark is based on these grouping and anything outside the scope cannot be protected. For example a good registered under Class 6 of Act that is metal building materials, common metals and their alloys. Now it can be protected only for class 6 and not in other classes.
What Is a Class 2 Trademark?
Class 2 of trademark classification includes mainly paints, colorants, dyes, varnishes, resins, thinners, pigments, anti-preparation and preservatives against rust i.e. anti-corrosion. It is one of the 45 classes of goods and services identified by the International Classification of Goods and Services for the Purposes of the Registration of Marks (Nice Classification), which is used by trademark offices around the world, including the Indian Trademark Registry.
The Nice Classification provides a standardized system for identifying and categorizing goods and services for the purposes of trademark registration. The system is based on the principle of classifying goods and services according to their function or purpose, rather than their form or composition. This makes it easier for trademark examiners and applicants to identify and classify goods and services correctly, and ensures that trademarks are registered in a consistent and uniform manner across different countries.
Types of goods come under Class 2
It includes:
1. Paints
2. Varnishes and lacquers
3. Apparel dyes
4. Handicraft and arts
5. Preservatives against rust and wood deterioration.
6. Raw natural resins.
Trademark class 2 does not include:
1. Cosmetic dyes as it is in class 3.
2. Insulating paints and varnishes as it is in class 7.
3. Paint boxes for school children as it comes under Class 16.
4. Laundry bluing as it falls in class 3.
5. Unprocessed artificial resins as it come under Class 1.
List of goods for Trademark Class 2:
Paints and Varnishes includes
Yellowwood (colorant)
Wood stains
Wood preservatives
Wood mordant
Wood coatings (paints)
Whitewash
White lead
Zinc oxide (pigment)
Varnishes
Turpentine (thinner for paints)
Turmeric (colorant)
Cleansers (ink) for photocopiers or ink (toner) for photocopiers
Toner cartridges, filled, for printers and photocopiers
Titanium dioxide (pigment)
Thinners for paints
Sumac for varnishes
Stains for leather / mordant for leather
Soot [colorant]
Silvering powders
Silver paste
Silver emulsions (pigments)
Sienna earth
Siccatives (drying agents) for paints
Shoe dyes
Sandarac
Saffron (colorant)
Repositionable paint patches
Red lead / minium
Protective preparations for metals
Printing ink
Printers’ pastes (ink)/ printing compositions (ink)
Primers
Pigments
Paper for dyeing Easter eggs
Paints
Orange lead / litharge
Oils as preservative of wood or preservative oils used for wood
Natural resins, raw
Mordants
Mastic (natural resin)
Marking ink for animals
Malt colorants
Lime wash
Lamp black (pigment)
Lacquers
Ink for skin-dressing
Ink for leather
Indigo [colorant]
Gum-lac / shellac
Gum resins
Glazes [paints, lacquers]
Gamboge for painting
Food dyes / food colorants
Fixatives for (watercolors)
Fixatives [varnishes]
Fireproof paints
Engraving ink
Enamels for painting / enamel paints
Enamels (varnishes)
Dyewood extracts / wood dyestuffs
Dyewood / coloring (coloring) wood / dye-wood
Dyes
Distempers
Creosote for wood preservation
Copal varnish
Copal
Colorants / dyestuffs
Colorants for liqueurs
Colorants for butter
Colorants for beverages
Colorants for beer
Colophony
Cochineal carmine
Cobalt oxide (colorant)
Coatings for roofing felt (paints)
Coatings for tarred felt (paints)
Coatings (paints)
Ceramic paints
Carbonyl (wood preservative)
Carbon black (pigment)
Caramel (food colorant)
Canada balsam
Bronzing lacquers
Bronze powder for painting
Black Japan
Bitumen varnish
Badigeon
Bactericidal paints
Auramine
Asbestos paints
Anti-tarnishing preparations for metals
Anti-rust preparations for preservation
Anti-rust oils
Anti-rust greases
Anti-fouling paints
Anti-corrosive preparations
Anti-corrosive bands
Annotto (dyestuff)
Aniline dyes
Aluminium powder for painting
Aluminium paints
Alizarine dyes
List of popular class 2 trademark examples
1. Bergers – It includes paints, lacquers, dry colors, varnishes, Enamels, dyes, Primers, thinners, distempers, acrylic emulsion, preservatives against deterioration of wood and rust, etc.
2. Asian Paints – It includes paints, dry colors, lacquers, varnishes, wall and wood fillers [putties], thinners, natural resins, preservatives against deterioration and rust, etc.
3. Nerolac – They have paints, Enamels, Distempers, textile printing, dyestuffs, varnishes, lacquers, fillers for decorators and painters, etc.
4. Pidilite – They have pigments for paints, rubber plastic, paints, printing inks, leather cloth.
5. TATA – Oil cement, raw natural resins, agglutinants for concrete and cement, varnishes, mordant, colorants, metal in powder form for painters, printers, decorators and artists and in foil form also, preservatives, etc.
6. Sudarshan- Pigments
7. Nippon Paint – It includes paints, putty, lacquers and varnishes.
There are several notable case laws related to Class 2 of the Indian Trademark Act, which pertains to paints, varnishes, and similar products. Here are a few examples:
Asian Paints Limited v. Berger Paints India Limited
In this case, Asian Paints Limited filed a trademark infringement suit against Berger Paints India Limited for using a similar shade name “Tractor Emulsion” for their paint product, which was similar to Asian Paints’ product “Apex Tractor Emulsion”. The court held that the shade name “Tractor Emulsion” had acquired distinctiveness through long and continuous use by Asian Paints and that Berger Paints’ use of the same name would cause confusion among consumers. Therefore, the court granted an injunction against Berger Paints from using the shade name “Tractor Emulsion” for their paint product.
Kansai Nerolac Paints Ltd. v. R.K. Paints & Chemicals
In this case, Kansai Nerolac Paints filed a suit against R.K. Paints & Chemicals for using a similar trademark “Nerolac” for their paint products, which was deceptively similar to Kansai Nerolac Paints’ registered trademark “Nerolac”. The court held that the use of the similar trademark by R.K. Paints & Chemicals was likely to create confusion among consumers and that it was an infringement of Kansai Nerolac Paints’ trademark rights. Therefore, the court granted an injunction against R.K. Paints & Chemicals from using the similar trademark “Nerolac” for their paint products.
Pidilite Industries Limited v. Jubilant Agri & Consumer Products Limited
In this case, Pidilite Industries Limited filed a trademark infringement suit against Jubilant Agri & Consumer Products Limited for using a similar trademark “Fevi Kwik” for their adhesive products, which was similar to Pidilite’s registered trademark “Fevikwik”. The court held that the use of the similar trademark by Jubilant Agri & Consumer Products was likely to cause confusion among consumers and that it was an infringement of Pidilite’s trademark rights. Therefore, the court granted an injunction against Jubilant Agri & Consumer Products from using the similar trademark “Fevi Kwik” for their adhesive products.
Cadila Healthcare Ltd v. Cadila pharmaceutical Ltd (2008)
The Supreme Court held that a well known trademark can be registered under Class 2 of Indian Trademark Act, 1999.
Rockland Hospital v. Rockland Hospital and Research Centre (2010)
The Apex court held that a mark can be registered under Class 2 of Indian Trademark Act, 1999, even if it is used in a particular industry or market.
A.K. Enterprises v. M/s Akruti Enterprises (2010)
The Bombay High Court held that a mark registered under Class 2 of Indian Trademark Act, 1999 is not subject to any geographical limitations.
These cases demonstrate the importance of trademark registration in Class 2 of the Indian Trademark Act for businesses in the paint and related industries. Trademark owners can protect their brand identity and prevent others from using similar or identical trademarks that could cause confusion among consumers.
Conclusion
Trademark registration is a most prominent step towards making a strong brand. It should be done with utmost care and diligence. Class 2 of the Indian Trademark Act is an important category for trademark registration for businesses involved in the production and sale of paints, varnishes, lacquers, and similar products. By registering their trademarks in this class, businesses can establish and protect their brand identity and prevent others from using similar or identical trademarks in connection with similar goods or services.
References
https://www.indiafilings.com/learn/trademark-registration-class-2/
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