Trademark Class 28 includes toys, games, and playthings for children and adults, along with sports and fitness equipment. It also covers items used for indoor or outdoor games, decorations for Christmas trees, and some novelty or amusement products.
Goods Covered under Trademark Class 28
1. Toys and Playthings
- Dolls, stuffed toys, and toy animals
- Teddy bears, action figures, and toy soldiers
- Toy vehicles, model kits, and building blocks
- Educational play sets and musical toys
- Remote-controlled toys, mechanical toys, and toy robots
- Inflatable toys, beach balls, and toy balloons
- Bath toys and squeeze toys for children
- Toy instruments and toy tool sets
- Play mats and toy kitchens
2. Games and Amusement Articles
- Board games, puzzles, chess sets, and card games
- Arcade game machines and amusement machines (non-commercial)
- Coin-operated game machines are used for recreation
- Party games and novelty toys for fun or jokes
- Carnival masks, paper party hats, confetti, and Christmas crackers
- Dice, dart boards, and table games
- Pinball machines, air hockey tables, and indoor play apparatus
- Controllers for video games (not for computers or consoles)
3. Sports and Gym Equipment
- Balls, bats, racquets, nets, and goal posts
- Cricket bats, badminton racquets, footballs, and basketballs
- Skipping ropes, dumbbells, weights, and exercise benches
- Gymnastics and fitness apparatus
- Protective guards, gloves, knee pads, shin pads, and helmets (for sports use)
- Skis, surfboards, snowboards, roller skates, and skateboards
- Table tennis bats, carrom boards, and shuttlecocks
- Trampolines, jumping ropes, and hurdles for training
- Camping and sporting accessories for outdoor games
4. Festive and Decorative Items
- Decorations and ornaments for Christmas trees (non-electrical)
- Artificial snow, tinsel, garlands, and decorative balls
- Party decorations, novelty gifts, and amusement items for celebrations
- Paper streamers, whistles, and party poppers
5. Other Recreational Goods
- Fishing tackle, fishing rods, and angler’s nets (non-commercial use)
- Decoys, game calls, and hunting lures are used in sport fishing or hunting
- Archery equipment such as bows, arrows, and targets
- Toy drones, kites, and small flying toys
- Water toys, pool floats, and inflatable rings for swimming
- Hobby kits and model-making sets
What is Not Covered in Class 28
| S. No. | Excluded Goods | Correct Class |
| 1. | Christmas tree candles | Class 4 |
| 2. | Electric lights/garlands for Christmas trees | Class 11 |
| 3. | Confectionery/chocolate decorations for Christmas trees | Class 30 |
| 4. | Diving equipment | Class 9 |
| 5. | Sex toys, love dolls | Class 10 |
| 6. | Clothing for gymnastics and sports | Class 25 |
| 7. | Protective helmets, goggles, and mouthguards for sports | Class 9 |
| 8. | Sporting firearms | Class 13 |
| 9. | Gymnasium mats | Class 27 |
| 10. | Fishing nets (commercial) | Class 22 |
| 11. | Hunting knives, harpoons | Class 8 |
Examples of Trademarks in Class 28
- LEGO: Toys and building blocks
- Fisher-Price: Educational toys and playsets
- Nike: Sports equipment and fitness gear
- Adidas: Balls, bats, and sporting goods
- Decathlon: Gym and outdoor sports equipment
- Reebok: Exercise and fitness accessories
Who Should Register under Trademark Class 28?
If your business is engaged in manufacturing, selling, or trading in any of the following goods, you should apply for trademark registration under class 28:
Toys and Playthings
- Toy manufacturers
- Toy shop owners
- Producers of educational toys, puzzles, and board games
Sports and Fitness Equipment
- Manufacturers of gym and sports equipment
- Sellers of outdoor and indoor game gear
Amusement and Party Items
- Makers of party games and novelty items
- Producers of Christmas decorations
Trading and Export/Import
- Sports goods exporters and importers
Process for Registering a Trademark Under Class 28 in India
Step 1: Conduct the Trademark Search
Search online at the IP India portal to make sure your proposed name or logo is new, unique, and not in existence.
Step 2: File Application (Form TM-A)
Submit the application with full details of your mark and a list of goods under Class 28. Pay the fees.
Step 3: Examination
The Registrar will review your application and may issue an Examination Report if there are any objections. Once the Examination Report is issued, the applicant is required to reply within 30 days from the date of receipt of the report.
Step 4: Publication in Trademark Journal
Once your trademark application is accepted, your trademark will be advertised for four months to allow others to oppose it.
Step 5: Registration
If no opposition is filed, or if the case is decided in your favour, a Trademark Registration Certificate is issued.
FAQs
1. What is Trademark Class 28?
Trademark Class 28 covers toys, games, playthings, and sporting goods. It includes dolls and puzzles, gym equipment, outdoor sports gear, and festive decorations like Christmas ornaments.
2. What types of products are protected under Class 28?
Products such as action figures, toy vehicles, board games, darts, carrom boards, fitness gear, bats, balls, and gym apparatus fall under this class. It also covers hobby kits, toy drones, and non-electric festive decorations.
3. Who should apply for registration under Class 28?
Manufacturers, sellers, importers, or exporters of toys, games, or sports equipment should register under Class 28. This includes toy makers, gym equipment producers, sporting goods dealers, and businesses selling party or amusement items.
4. What is the process for registering a trademark under Class 28?
You need to search your proposed mark on the IP India website, file Form TM-A, and respond to any objections during examination. After publication in the Trademark Journal and successful completion of the opposition period, a registration certificate is issued.
5. How long does a Class 28 trademark last?
A trademark under Class 28 is valid for 10 years from the date of registration and can be renewed every 10 years indefinitely by paying the renewal fee.
6. Can a business register under multiple classes along with Class 28?
Yes. If your business also deals in related goods like sportswear (Class 25) or offers gaming or entertainment services (Class 41), you can apply for multi-class registration to ensure complete protection of your brand.
