April 29, 2025

TRADEMARK CLASS 2: Paints, Colorants and Preparations

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When you apply for a trademark with the Intellectual Property Office of the Philippines (IPOPHL), one of the first big decisions you’ll make is choosing the right Nice class. The Nice Classification is an international system that divides goods and services into different classes, and IPOPHL relies on it when reviewing applications.

Why does this matter? Because if you file under the wrong class, your trademark may not be properly protected. Worse, it could even get rejected or cancelled down the line. Getting the right class is a key part of your overall brand protection strategy.

What Falls Under Trademark Class 2?

If your business deals with paints, varnishes, dyes, and coatings, you’ll probably be looking at Class 2. This class covers:

  • Paints and varnishes for construction, industry, and even art
  • Lacquers, resins, and primers
  • Pigments and anti-rust preparations
  • Colorants for clothing, food, and beverages

Think of Class 2 as the category for anything that gives color, finish, or protective coating to products.

What’s Not Included in Class 2

It’s easy to make mistakes because some products look similar but actually belong elsewhere. For example:

  • Unprocessed artificial resins → Class 1
  • Laundry bluing and cosmetic dyes → Class 3
  • Paint boxes for school use → Class 16
  • Insulating paints and varnishes → Class 17

If you misclassify, IPOPHL could issue an objection during substantive examination — a common reason applications get delayed.

Why Nice Classes Are Important

Nice classes don’t just organize applications; they also help examiners (and other businesses) figure out whether your trademark is too close to an existing one. For example, if you file for a paint brand in Class 2, IPOPHL will check your application against all other paint-related trademarks in the same class.

This system makes searching more efficient and provides clarity when disputes happen. But keep in mind: in some cases, confusion can still exist across classes. For example, the Lacoste vs. Crocodile dispute in the Philippines showed that even if marks fall under different categories, the likelihood of confusion can still matter.

Real Case Lessons

There have been local cases where applications were refused simply because the applicant filed under the wrong class. In Kraft Foods Philippines vs. Regal Snacks, the misclassification of food-related products caused major issues for the applicant. These examples show how critical it is to file correctly from the start.

Practical Tips

  • Review your products carefully and match them with the correct Nice class.
  • If your brand covers more than one area (e.g., industrial paints and cosmetic dyes), you can file a multi-class application with IPOPHL.
  • When in doubt, work with an accredited IP agent like Brealant, Federis, or Hechanova. They know the process and can save you from costly mistakes.