Tips for Registering a Painting Goods Trade Mark Under Class 2

George Raptis

• 20 July 2021
• 21 October 2021
• 5 min read

Trade marks are registered in connection with a specific class of goods or services. Therefore, the trade mark you register can only protect the good or service you have specified in your application. For this reason, it is important that you accurately specify which classes you wish your trade mark to protect. Doing this will ensure that your brand is adequately protected. This article explains and provides examples of the numerous painting goods listed in Class 2 of the Trade Mark Classification Search. 

1. Ask Yourself the Following Questions 

Before you even settle on which class of goods under which you wish to register a trade mark, you must ask yourself some basic questions. These are:

• what is the nature of my business? 
• what products or services does my business provide? 
• where does my business derive its income from? 

By answering these questions, you can refine your inquiry into your trade mark research. Additionally, you can better identify which goods and services from the Trade Mark Classification Search actually apply to your business. 

As a general rule of thumb, if your business manufactures or produces a product that you then sell, you should likely consider the class of goods ranging from 1-34 on the Search. On the other hand, if your business is a retailer or distributor of goods or makes money by performing a service for other people, you should consider the class of services ranging from 35-45 on the Search. 

2. Familiarise Yourself With Class 2 Goods

There are a number of different goods that fall under class 2. More broadly, these goods are:

• paints, varnishes and lacquers; 
• preservatives;
• colourants; 
• raw natural resins; and 
• foil and powder metals. 

The list of goods in class 2 is very extensive. However, a summary of some key examples of these goods is in the table below.

3. Do Not Limit Your Search to Class 2

Many trade mark applicants are unaware that they cannot add any forgotten classes to their trade mark application once they have submitted it to IP Australia. For this reason, it is important that you conduct a general search of the Classification Search well before you submit your trade mark application, to consider goods that fall within different categories. 

For example, if your business sells art paints and accessories for painting, class 16 may also be relevant to your trade mark application. 

Some other classes which may be relevant to your trade mark beyond class 2 include:

• class 7 goods relating to paint sprayers and air brushes;
• class 16 goods relating to art supplies; and
• class 17 goods relating to insulating paints. 

By entering keywords relating to your goods in the Classification Search, you can identify multiple goods that exist in different classes. 

4. Use the Trade Mark Assist Tool 

IP Australia developed the Trade Mark Assist Tool to assist trade mark applicants when deciding which class of goods and services they should include in their trade mark application. The program provides you with a step-by-step guide through the different requirements of a standard trade mark application. Further, it allows you to identify other classes that are relevant to your business practice. 

5. Look at Your Competitor’s Trade Mark 

Since the Trade Mark Registry is publicly available, there is nothing stopping you from searching the trade marks owned by a competitor in your industry. By conducting a search of their name or logo, the Registry contains additional information about the competitor’s trade mark including the classes of goods and services it has been registered with respect to. Your business’ trade mark may not be identical to your competitors’. However, it can provide you with a greater understanding of: 

• what trade marks are being used in your industry; and 
• which classes may or may not be relevant to your application. 

Key Takeaways 

Before you register a painting goods trade mark under class 2, you should ask yourself some basic questions about the nature of your business and what types of goods and services it provides. This way, you can ensure that your trade mark application includes relevant classes of goods and services that are capable of protecting your business. You should also conduct a general search of classes other than class 2 to identify any relevant classes that may apply to your business. If you need help registering a painting goods trade mark under class 2, our experienced trade mark lawyers can assist. Call us on 1300 657 423 or complete the form on this page. 

Frequently Asked Questions