Trademark Class 28: Games, Toys, and Sporting Goods

Trademark Class 28 falls under the Nice Classification (NCL) system and primarily covers products related to games, toys, and sporting goods. If you are in the business of manufacturing, selling, or distributing products in these categories, registering your trademark under Class 28 ensures protection for your brand within this specific industry.

Understanding Trademark Class 28

Class 28 includes a broad range of recreational products, including toys, board games, sports equipment, and fitness apparatus. It is important for businesses to classify their trademarks correctly, as each trademark class provides protection within a defined category of goods or services.

This classification is crucial for companies engaged in manufacturing and trading of:

• Children's toys and educational games
• Board games and puzzles
• Sports equipment, including gym and outdoor sports gear
• Christmas decorations
• Fishing equipment

If your product falls under Class 28, registering your trademark under this classification will protect your brand from unauthorized use by competitors within the same category.

Detailed List of Products Covered Under Class 28

1. Games and Playthings

This category includes traditional and modern gaming products, such as:

• Board games (chess, checkers, backgammon, etc.)
• Card games (playing cards, tarot cards, collectible card games)
• Electronic and video games (non-downloadable)
• Dice and game accessories
• Mahjong games
• Parlor games
• Lottery scratch cards

2. Toys and Dolls

Products designed for children's play and entertainment:

• Action figures and accessories
• Dolls and doll accessories
• Soft toys and plush toys
• Toy vehicles, trains, and airplanes
• Building blocks (LEGO, Mega Bloks, etc.)
• Educational toys
• Wind-up toys
• Musical toys
• Stuffed animals
• Toy guns and weapons (non-lethal, such as Nerf guns, water guns, etc.)
• Remote-controlled toys (cars, drones, boats, etc.)

3. Sporting Equipment

Gear and accessories used for sports and physical activities:

• Balls for sports (football, basketball, volleyball, tennis, etc.)
• Bats, sticks, and clubs (cricket bats, baseball bats, hockey sticks, golf clubs, etc.)
• Rackets (tennis, badminton, squash, etc.)
• Nets and goals (for soccer, basketball, volleyball, tennis, etc.)
• Skating and skateboarding equipment (roller skates, ice skates, skateboards, longboards, etc.)
• Protective gear (helmets, knee pads, elbow pads, mouthguards, etc.)
• Fitness and gym equipment (yoga mats, dumbbells, resistance bands, skipping ropes, etc.)
• Archery equipment (bows, arrows, quivers, etc.)
• Fishing gear (fishing rods, reels, lines, lures, etc.)
• Gymnastic equipment (parallel bars, vaulting horses, balance beams, etc.)
• Boxing and martial arts gear (punching bags, gloves, shin guards, etc.)

4. Amusement and Novelty Items

This includes products designed for entertainment and recreation:

• Magic tricks and kits
• Clown and circus equipment
• Party novelties (confetti, party hats, piñatas, etc.)
• Carnival masks and masquerade masks
• Joke toys (fake insects, whoopee cushions, etc.)

5. Outdoor and Water Sports Equipment

Includes gear for various outdoor and water-based activities:

• Camping and hiking equipment (not covered under Class 22)
• Swimming accessories (swim fins, kickboards, inflatable swim rings, etc.)
• Diving gear (scuba masks, snorkels, flippers, diving gloves, etc.)
• Surfboards, paddleboards, and bodyboards
• Kites and kite accessories
• Water skis and wakeboards
• Inflatable beach toys (beach balls, water guns, floating loungers, etc.)

6. Seasonal and Festive Decorations (Toys & Play-Related)

• Christmas tree decorations (excluding confectionery and electric lighting devices)
• Artificial Christmas trees
• Advent calendars (non-edible)
• Ornaments for Christmas trees

Exclusions from Class 28

While Class 28 covers a wide range of recreational and sporting goods, there are certain exclusions that fall under different trademark classes:

Importance of Trademark Registration in Class 28

If your business deals with toys, sports goods, or gaming products, trademark registration under Class 28 provides several advantages:

1. Legal Protection – Prevents others from using a similar name, logo, or design in the same category.
2. Brand Recognition – Establishes trust and credibility in the market.
3. Competitive Advantage – Helps in differentiating your products from competitors.
4. Market Expansion – Enables licensing and franchising opportunities.
5. Prevention of Counterfeiting – Protects against imitation products in the toy and gaming industry.

Trademark Registration Process for Class 28 in India

Step 1: Conduct a Trademark Search

Before applying, conduct a trademark search on the Indian Trademark Registry's website to ensure that your mark is unique and does not conflict with existing trademarks.

Step 2: Prepare and File the Trademark Application

File the application online through the IP India portal or manually at the relevant trademark office. You need to provide:

• Applicant details (individual or company)
• Brand name or logo
• Product description under Class 28
• Date of first use (if applicable)

Step 3: Examination by the Trademark Office

The Indian Trademark Office reviews the application and may issue an examination report highlighting any objections. You must respond within 30 days if objections are raised.

Step 4: Publication in Trademark Journal

If there are no objections (or if they are resolved), the trademark is published in the journal for public opposition. The opposition period lasts four months.

Step 5: Trademark Registration Certificate

If no opposition is filed, or if resolved, your trademark is registered, and you receive a certificate granting you exclusive rights for 10 years (renewable indefinitely).

Key Considerations When Registering a Trademark in Class 28

• Multi-Class Applications: If your brand also deals with other categories (e.g., digital gaming software in Class 9), you may need to file in multiple classes.
• Similar Trademarks: Avoid conflicts with existing brands, especially well-known ones.
• Trademark Renewal: Ensure timely renewal every 10 years to maintain your rights.
• International Registration: If you plan to expand globally, consider Madrid Protocol registration.

Famous Trademarks Registered Under Class 28

These brands have successfully built strong identities in Class 28 and enjoy legal protection against counterfeiting and misuse.

Conclusion

Trademark Class 28 is essential for businesses involved in the toy, gaming, and sports equipment industry. Proper classification ensures legal protection and brand exclusivity, making it a crucial step in safeguarding your intellectual property.

If you're looking to register a trademark under Class 28 in India, consider consulting a legal expert or a trademark attorney to streamline the process and avoid potential objections.

Would you like assistance in conducting a trademark search or filing a trademark application for Class 28? Online Legal India can help you to file for trademark registration flawlessly. Contact them today.