All About Trademark Class 28

All About Trademark Class 28

Trademark Class 28 is a category within the international trademark classification system known as the Nice Classification. It is specifically designated for goods related to games, toys, and sporting equipment. This class includes a wide range of products such as board games, playing cards, dolls, action figures, sports equipment (e.g., balls, rackets), and various recreational items. Registering a trademark in Class 28 provides legal protection for brands associated with these types of goods, giving the trademark owner exclusive rights to use the mark in this category and preventing others from using a similar mark for similar products. It is an important class for businesses and individuals involved in the production, sale, or distribution of games, toys, and sports equipment.

Important goods included in Trademark Class 28

Trademark class 28 mainly includes toys, apparatus for playing games, sports equipment, amusement and novelty items, as well as certain articles for Christmas trees. The goods that have been included in this class are as follows-

• Amusement and game apparatus, including controllers therefor
• Novelty toys for playing jokes and for parries, for instance, carnival masks, paper party hats, confetti, party poppers and Christmas crackers
• Hunting and fishing tackle, for example, fishing rods, landing nets for anglers, decoys, hunting game calls
• Equipment for various sports and games

Goods does not included in Trademark Class 28

• Christmas tree candles (included in class 4).
• Electric lights for Christmas trees (included in class 11)
• Confectionery and chocolate decorations for Christmas trees (included in class 30)
• Diving equipment (included in class 9)
• Sex toys and love dolls (included in class 10)
• Clothing for gymnastics and sports (included in class 25)
• Certain gymnastic and sporting articles that are classified according to other functions or purposes, for instance,-
• Protective helmets, goggles and mouthguards for sports (included in class 9)
• Sporting firearms (included in class 13)
• Gymnasium mats (included in class 27)
• Certain fishing and hunting equipment that are classified according to other functions or purposes, for instance,-
• Hunting knives, harpoons (included in class 8)
• Hunting firearms (included in class 13)
• Commercial fishing nets (included in class 22)

List of popular examples of Trademark Class 28

• Yonex: Sporting articles
• Playstation: Video game console
• Xbox: Video game console
• Uno: Card game
• Lego: Games and Playthings
• Playskool: Toys, games, and playthings
• Monopoly: A real estate trading board game
• Barbie: Dolls, doll clothing, and accessories
• Mattel: Toys and Playthings
• Hasbro: Toys and Playthings
• Adidas: Balls for games, rackets for squash, tennis, etc.
• G.I.Joe: Action figures

List of goods classified under Trademark Class 28

A

• Abdomen protectors for sports
• Action figures
• Adhesive abdominal exercise belts, electric, for muscle stimulation
• Amusement machines, automatic and coin-operated
• Apparatus for games
• Appliances for gymnastics
• Arcade video game machines
• Archery implements
• Artificial fishing bait
• Artificial snow for Christmas trees
• Ascenders [mountaineering equipment]
• Athletic supporters [sports articles]

B

• Baby gyms
• Backgammon games
• Bags specially designed for skis
• Bags specially designed for surfboards
• Balance bicycles [toys]
• Ball pitching machines
• Ball-jointed dolls [BJD]
• Balls for games
• Balls for playing boules games
• Barbells
• Baseball gloves
• Batting gloves [accessories for games]
• Bells for Christmas trees
• Billiard balls
• Billiard cue tips
• Billiard cues
• Billiard markers
• Billiard table cushions
• Billiard tables
• Bingo cards
• Bite indicators [fishing tackle] 
• Bite sensors [fishing tackle] 
• Bladders of balls for games
• Board games
• Bob- sleighs
• Bodybuilding/ body rehabilitation/body-training apparatus
• Bodyboards 
• Boomerangs
• Bowling apparatus and machinery
• Bowling balls
• Bows for archery
• Boxing gloves
• Building blocks [toys]
• Building games
• Butterfly nets

C

• Camouflage screens[sports articles]
• Candle holders for Christmas trees
• Caps for pistols [toys]
• Card games
• Carnival masks
• Chalk for billiard cues
• Chess games
• Chessboards
• Chest expanders [exercisers]
• Chips for gambling
• Christmas crackers [party novelties]
• Christmas tree stands
• Christmas tree for synthetic material
• Clay pigeon traps
• Clay pigeons [targets]
• Climbers’ harness
• Coin-operated billiard tables
• Cone markers for sports 
• Confetti
• Conjuring apparatus
• Controllers for game consoles
• Controllers for toys
• Counters [discs] for games
• Creels [fishing traps]
• Cricket bags
• Cups for dice

D

• Darts
• Decoys/ lures for hunting or fishing
• Dice
• Discuses for sports
• Divot/ pitch mark repair tools [golf accessories]
• Dolls
• Dolls’ beds
• Dolls’ clothes
• Dolls’ feeding bottles
• Dolls’ houses
• Dolls’ rooms
• Dominoes
• Draughtboards/ checkboards
• Draughts [games]/ checkers [games]
• Drones [toys]
• Dumbbells

E

• Edges of skis
• Educational games
• Elbow guards [sports articles]
• Electric muscle stimulation bodysuits for sports
• Electronic targets
• Exercise weights
• External cooling fans for game consoles

F

• Fairground ride apparatus
• Fencing gauntlets/ gloves
• Fencing masks
• Fencing weapons
• Fidget toys
• Fish hooks
• Fishing gaffs
• Fishing lines
• Fishing tackle
• Flippers for diving
• Flippers for swimming
• Floats for fishing
• Flying discs [toys]
• Foosball tables 

G

• Games
• Gaming keyboards
• Gaming machines for gambling
• Gaming mice
• Gloves for games
• Golf bag tags
• Golf bag trolleys/ carts
• Golf bags, with or without wheels
• Golf clubs
• Golf gloves
• Grip tapes for rackets
• Gut for fishing
• Gut for rackets
• Gyroscopes and flight stabilizers for model aircraft

H

• Hand clappers [noise maker toys]
• Hand-held consoles for playing video games
• Hand gliders
• Harness for sailboards
• Hockey sticks
• Hoops for exercise incorporating measuring sensors
• Horseshoe games
• Hunting game calls

I

• Ice skates
• In-line roller skates
• Inflatable games for swimming pools

J

• Jigsaw puzzles
• Joysticks for video games

K

• Kaleidoscopes 
• Kick pads for martial arts
• Kite reels
• Kites
• Knee guards [sports articles]

L

• Landing nets for anglers

M

• Machines for physical exercises
• Mah- jong 
• Marbles for games
• Masks [playthings]
• Masts for sailboards
• Matryoshka dolls

N

• Needles for pumps for inflating balls for games
• Nets for sports
• Novelty toys for parties
• Novelty toys for playing jokes

O

• Ornaments for Christmas trees, except lights, candles, and confectionery 

P

• Pachinkos
• Paddleboards 
• Paintball guns [sports apparatus]
• Paintballs [ammunition for paintball guns] [sports apparatus]
• Paper party hats
• Paragliders
• Party balloons
• Party poppers [party novelties]
• Percussion caps [toys]/ detonating caps [toys]
• Piñatas
• Play tents
• Playground sandboxes
• Playhouses for children
• Playing cards
• Plush toys
• Plush toys with an attached comfort blanket
• Poles for pole vaulting
• Portable games and toys incorporating telecommunication functions
• Portable games with liquid crystal displays
• Printed lottery tickets
• Protective CPS for sports
• Protective films adapted for screens for portable games
• Protective paddings [parts of sports suits]
• Pumps specially adapted for use with balls for games
• Punching bags
• Puppets/ marionettes

Q

• Quoits

R

• Rackets/ bats for games
• Rattles [playthings]
• Reels for fishing
• Remote-controlled toy vehicles
• Rhythmic gymnastics ribbons
• Ring games
• Rocking horses
• Rods for fishing
• Roller skates
• Roller skis
• Rollers for stationary exercise bicycles 
• Rosin used by athletes
• Roulette wheels

S

• Sailboards
• Scale model kits [toys]
• Scale model vehicles
• Scent lures for hunting & fishing
• Scooters [toys]
• Scratch cards for playing lottery games
• Seal skins [coverings for skis]
• Shin guards [sports articles]
• Shuttlecocks
• Skateboards
• Skeleton sleds
• Ski bindings
• Ski sticks/ poles
• Ski sticks/ ski poles for roller skis
• Skis
• Skittles
• Skittles [games]/ ninepins
• Sleds [sports articles]
• Slides [playground equipment]
• Slingshots [sports articles]
• Slot machines [gaming machines]
• Snow globes
• Snowboards
• Snowshoes
• Soap bubbles [toys]
• Sole coverings for skis
• Spinning tops [toys]
• Springboards [sports articles]
• Starting blocks for sports
• Stationary exercise bicycles
• Strings for rackets
• Stuffed toys
• Surf skis
• Surfboard leashes
• Surfboards 
• Swimming belts
• Swimming jackets
• Swimming kickboards
• Swimming pool air floats
• Swimming pools [play articles]
• Swimming webs/ webbed gloves for swimming 
• Swings

T

• Tabletop games
• Tables for table- tennis
• Targets
• Teddy bears
• Tennis ball throwing apparatus
• Tennis nets
• Theatrical masks
• Toy air pistols
• Toy dough
• Toy figures
• Toy glow stick bracelets for parties
• Toy imitation cosmetics
• Toy mobiles
• Toy models
• Toy musical instruments
• Toy pistols
• Toy putty
• Toy robots
• Toy vehicles
• Toys for pets
• Toys
• Trading card games
• Trading cards for games
• Trampolines
• Tricycles for infants [toys]
• Twirling batons

V

• Video game consoles
• Video game machines

W

• Waist trimmer exercise belts
• Water wings
• Waterskis
• Weightlifting belts [sports articles]
• Weight vests for physical training purposes

Y

• Yoga swings

Conclusion

Trademark Class 28 plays a vital role in protecting and promoting the interests of businesses and individuals involved in the games, toys, and sporting equipment industries. This class ensures that trademarks associated with these products are distinct, recognizable, and legally protected, thereby fostering brand identity and consumer trust. It serves as a safeguard against infringement and counterfeit products, maintaining quality standards and brand reputation.

Moreover, Trademark Class 28 opens doors for market expansion, enabling businesses to diversify their product offerings under a trusted brand umbrella. The trademarks within this class also hold significant value as intellectual property assets, capable of generating revenue through licensing and contributing to a company’s overall worth.

In a world driven by entertainment and leisure, Trademark Class 28 plays a pivotal role in shaping the competitive landscape and ensuring that consumers can enjoy safe, high-quality, and innovative games, toys, and sporting equipment from trusted brands. For businesses operating in this class, understanding and utilizing trademark protection is not only a legal necessity but also a strategic advantage in a dynamic and ever-evolving market. 

LegalPillers is here to help you in navigating the complexities of trademark registration and classification effectively and ensure that your brand is adequately safeguarded within this important class. Make LegalPillers your trusted partner for classifying and registering the trademark under this class.

(FAQs) about Trademark Class 28

1. What is Trademark Class 28?

● Trademark Class 28 is one of the categories in the international trademark classification system known as the Nice Classification. It includes goods related to games, toys, and sporting equipment.

2. What kinds of products fall under Class 28?

● Class 28 encompasses a wide range of products, including board games, sporting goods, toys, puzzles, and play equipment.

3. Why is it important to classify goods under Class 28?

● Proper classification is essential for trademark registration and protection, as it ensures that your mark is associated with the specific category of goods you produce or sell.

4. Can I file a trademark in multiple classes, including Class 28?

● Yes, you can file a trademark in multiple classes if your business or brand deals with goods or services that belong to different categories.

5. How do I determine if my product falls under Class 28?

● You can determine whether your product belongs to Class 28 by reviewing the specific goods and services description in the Nice Classification system and comparing it to your product.

6. Can I register a trademark for a game or toy design in Class 28?

● Yes, you can register a trademark for a unique design associated with games, toys, or sporting equipment as long as it meets the criteria for trademark registration.

7. What are the steps to register a trademark in Class 28?

● The steps typically involve conducting a trademark search, preparing and filing a trademark application, paying the required fees, and working with the relevant trademark office to complete the registration process.

8. How long does a trademark registration in Class 28 last?

● The duration of trademark registration varies by country but typically lasts for ten years, renewable indefinitely as long as you continue to use and protect your trademark.

9. Can I license or sell my trademark rights in Class 28?

● Yes, you can license or sell your trademark rights in Class 28 to other individuals or businesses, which can be a source of revenue and strategic partnerships.

10. Can a descriptive term be registered as a trademark in Class 28? 

Descriptive terms are generally more challenging to register as trademarks. To register a descriptive term in Class 28, you may need to demonstrate that it has acquired distinctiveness through extensive use and recognition in the market.

11. How can I protect my trademark internationally in Class 28?

● You can protect your trademark internationally in Class 28 by considering the Madrid Protocol, which allows you to seek protection in multiple countries through a single application.

12. What is the cost associated with trademark registration in Class 28?

● The cost of trademark registration varies by country and jurisdiction. It includes filing fees, attorney fees (if you choose to hire one), and maintenance fees. Costs should be discussed with your trademark attorney or the relevant trademark office.

13. Can I change the goods covered by my trademark registration in Class 28?

● You may be able to amend the goods covered by your trademark registration in Class 28 under certain circumstances. Consult with your trademark attorney or the relevant trademark office for guidance on making amendments.

14. What happens if someone infringes on my trademark in Class 28?

If someone infringes on your trademark in Class 28, you have the legal right to take action against them, including sending cease and desist letters, pursuing legal action, and seeking damages.

15. How do I enforce my trademark rights in Class 28 against infringers?

● To enforce your trademark rights in Class 28, you can take legal action against infringers through cease and desist letters, negotiation, or litigation. Consult with a trademark attorney to determine the best course of action based on the specific circumstances.

16. What is the “use in commerce” requirement for trademark registration in Class 28?

● Many jurisdictions, including the United States, require ”use in commerce” to register a trademark in Class 28. It means you must use the trademark on the specified goods in the ordinary course of trade to be eligible for registration.

17. Are there any restrictions on the use of trademarks in Class 28?

● Trademarks registered in Class 28 are protected for the specific goods they cover. The owner has the exclusive right to use the mark on those goods.

18. Can I use a similar trademark to one already registered in Class 28? 

 ● Using a similar trademark to one already registered in Class 28 can lead to trademark infringement issues. It is advisable to conduct a comprehensive trademark search before attempting to register a similar mark.

19. How can I expand my product line within Class 28 under my existing trademark? 

● Expanding your product line within Class 28 under your existing trademark typically involves filing for additional trademark registrations for the new products or designs you want to protect. Consult with a trademark attorney for guidance on this process.

20. What is the role of trademark attorneys in Class 28 registrations?

● Trademark attorneys can assist with trademark searches, application preparation, filing, and legal advice throughout the registration process. Their expertise is valuable in ensuring that your trademark rights in Class 28 are effectively protected and enforced.