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Trademark Class 28: Games, Toys & Sporting Goods
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Overview of Class 28
Trademark Class 28 is the international classification for games, toys and playthings; video game apparatus; gymnastic and sporting articles; and decorations for Christmas trees.
Registering in Class 28 is the essential move for the recreation and entertainment sectors. This class protects the brand identity of items ranging from traditional Indian board games and modern educational toys to professional-grade sports equipment like cricket bats, footballs, and gym gear. In India’s massive toy manufacturing market and growing fitness culture, a Class 28 trademark ensures that your brand of play and performance is legally shielded, preventing competitors from using similar names on toys, games, and athletic equipment.
What is included?
- •Games: Board games, card games, arcade video game machines, and foosball
- •Toys: Action figures, dolls, plush toys, building blocks, and toy vehicles
- •Sports Gear: Cricket bats, footballs, tennis rackets, and protective padding
- •Gym Equipment: Dumbbells, stationary bicycles, punching bags, and bar-bells
- •Gaming: Video game consoles, controllers, and portable game devices
- •Outdoor Play: Swings, slides, trampolines, and skateboards
- •Water Sports: Surfboards, sailboards, flippers, and swimming pools (toys)
- •Christmas: Artificial Christmas trees, ornaments, and tinsel
What is excluded?
- •Clothing, footwear, and headgear for sports (Class 25)
- •Downloadable video game software and mobile apps (Class 9)
- •Diving equipment and breathing apparatus (Class 9)
- •Fishing nets (Class 22)
- •Electric Christmas tree lights and candles (Class 11/4)
- •Exercise equipment for medical or rehabilitation use (Class 10)
- •Bicycles for transport (Class 12)
The Brand of Play and Performance
Class 28 is the "Fun and Fitness" class. In a world where a child's action figure or a professional's tennis racket is chosen based on brand loyalty, a trademark is your primary asset. It ensures that your unique designs and names cannot be easily cloned by generic manufacturers.
The Video Game Distinction: This class covers the *hardware* (consoles and controllers) and the *physical machines*. However, the actual *software* or *app* that contains the game must be registered in Class 9. A complete gaming brand usually files in both.
India's Sports Hubs: Cities like Meerut and Jalandhar are global centers for sports equipment manufacturing. For exporters, a Class 28 trademark is a vital requirement for selling on international platforms like Amazon and for protecting Indian-made athletic brands in the global arena.
Major Categories in Class 28
| Category | Specific Examples |
|---|---|
| Toys & Dolls | Action figures, Dolls, LEGO-style blocks, Soft toys |
| Board & Card Games | Chess, Ludo, Playing cards, UNO, Puzzles |
| Sporting Equipment | Cricket bats, Footballs, Hockey sticks, Rackets |
| Fitness & Gym | Dumbbells, Exercise bikes, Punching bags, Weights |
| Gaming Apparatus | Consoles, Controllers, Arcade machines, Handhelds |
| Outdoor & Water | Surfboards, Skateboards, Swings, Inflatable pools |
| Christmas Decor | Artificial trees, Ornaments, Bells, Tinsel |
Alphabetical List of Class 28 Items
- Air pistols [toys]
- Amusement machines (automatic and coin-operated)
- Arcade video game machines
- Archery implements / Artificial fishing bait
- Artificial snow for Christmas trees
- Ascenders [mountaineering equipment]
- Backgammon games / Bags for skis and surfboards
- Ball pitching machines / Balls for games
- Bar-bells / Baseball gloves / Batting gloves
- Bells for Christmas trees / Billiard balls
- Billiard markers / cues / tables
- Bingo cards / Board games / Bob-sleighs
- Body-building / rehabilitation apparatus
- Bodyboards / Bowling apparatus
- Bows for archery / Boxing gloves
- Building blocks [toys] / Building games
- Butterfly nets / Caps for pistols [toys]
- Carnival masks / Chalk for billiard cues
- Chess games / Chessboards
- Chest expanders / Exercisers
- Chips for gambling / Christmas trees (synthetic)
- Christmas tree stands / Clay pigeons
- Climbers’ harness / Confetti / Conjuring apparatus
- Controllers for game consoles / toys
- Counters for games / Creels [fishing traps]
- Cricket bags / Darts / Dice
- Discuses for sports / Divot repair tools
- Dolls / Dolls’ beds / houses / clothes
- Dominoes / Draughtboards / Checkers
- Dumb-bells / Elbow guards / Electronic targets
- Explosive bonbons [Christmas crackers]
- Fairground ride apparatus / Fencing weapons
- Fish hooks / Fishing tackle / Floats
- Flippers for swimming / Flying discs [toys]
- Foosball tables / Gaming machines for gambling
- Gloves for games / Golf clubs / bags / gloves
- Gut for rackets / fishing
- Appliances for gymnastics / Hang gliders
- Harpoon guns [sports articles]
- Hockey sticks / Horseshoe games
- Ice skates / Jigsaw puzzles / Kaleidoscopes
- Kite reels / Kites / Knee guards
- Landing nets for anglers / Roller skates
- Lines for fishing / Mah-jong / Marbles
- Masks [playthings] / Masts for sailboards
- Mobiles [toys] / Nets for sports
- Novelties for parties [party favors]
- Ornaments for Christmas trees (except lights)
- Pachinkos / Paintball guns / Paintballs
- Paper party hats / Paragliders
- Parlour games / Piñatas / Play balloons
- Playing balls / cards / Plush toys
- Poles for pole vaulting / Punching bags
- Puppets / Marionettes / Quoits
- Rackets / Bats for games
- Radio-controlled toy vehicles / Rattles
- Reels for fishing / Ring games / Rocking horses
- Rods for fishing / Roller skates
- Rollers for stationary bicycles
- Roulette wheels / Sailboards / Scale models
- Scooters [toys] / Shin guards
- Shuttlecocks / Skateboards / Skis
- Skittles / Sleds [sports articles] / Slides
- Sling shots / Slot machines / Snow globes
- Snowboards / Snowshoes / Soap bubbles [toys]
- Spinning tops / Spring boards
- Starting blocks for sports / Stationary bikes
- Strings for rackets / Stuffed toys
- Surf skis / Surfboards / Swings
- Tables for table tennis / Targets / Teddy bears
- Tennis nets / ball throwing apparatus
- Theatrical masks / Toy pistols / vehicles
- Toy models / figures / Trampolines
- Video game machines / Water wings / Waterskis
- Weight lifting belts [sports articles]
Registration & Objection Handling
- 1. Functional Search: Conduct a thorough search in Class 28 and Class 9 (Video games/Software) to avoid legal conflicts with global tech and toy giants.
- 2. Descriptiveness: Avoid generic names like "SOFT BALL" or "FAST RACKET". The Registrar will reject these under Section 9.
- 3. Multi-Class Strategy: If you sell toys (Class 28) and also children's clothes (Class 25), file in both classes.
- 4. Detailed Goods List: Specify the type of toy or sport (e.g., "Plastic action figures for children") rather than just "Toys".
- 5. Counterfeit Protection: For high-value sports brands, a registered trademark is the only way to request Amazon/Flipkart to take down listings of fake or "lookalike" products.
Legal Professional Insights
The Console vs. Game Rule: Class 28 is for the physical "Video game machine." The software, app, or downloadable game file is strictly Class 9. Most modern gaming companies file in 9, 28, and 41 (online gaming services).
Sports Clothing: Remember that "Cricket Bats" are Class 28, but "Cricket Jerseys" are Class 25. If your brand sells both, a multi-class filing is mandatory for full protection.
Protective Gear: Helmets, pads, and gloves specifically designed for sports are Class 28. However, general safety gear for industrial use belongs in Class 9.
Frequently Asked Questions
What products are covered under Trademark Class 28?
Class 28 covers games, toys, playthings, video game apparatus, gymnastic and sporting articles, and Christmas tree decorations.
Does Class 28 include video game software?
No, video game software and mobile apps fall under Class 9. Class 28 covers the physical video game consoles, machines, and controllers.
Are cricket bats and footballs included in Class 28?
Yes, all types of balls for games, bats, rackets, and sporting implements are part of Class 28.
Are gym and fitness equipment included?
Yes, dumbbells, bar-bells, stationary exercise bikes, and chest expanders are categorized under Class 28.
Can I trademark "SUPER SOFT TOY"?
No, this is a descriptive and laudatory name. You must use a distinctive brand name for your toy products.
Are board games and playing cards included?
Yes, board games, chess, ludo, playing cards, bingo cards, and puzzles are Class 28 items.
What is the government fee for Class 28 registration?
The e-filing fee is ₹9,000 for large companies and ₹4,500 for individuals, startups, or MSMEs.
How long does the registration take?
It typically takes 12 to 14 months, depending on examination reports and potential public oppositions.
Are dolls and action figures included?
Yes, dolls, action figures, plush toys, and dolls’ houses/clothes are specifically listed in Class 28.
Do skateboards and surfboards belong here?
Yes, skateboards, surfboards, sailboards, and rollers for stationary bikes are categorized under Class 28.
Can I register in both Class 28 and Class 25?
Yes, sports brands that sell both equipment (Class 28) and jerseys/shoes (Class 25) often file multi-class applications.
Are fishing rods and tackle included?
Yes, fishing rods, reels, hooks, and artificial fishing bait are part of Class 28. (Note: Fishing nets are Class 22).
Are amusement machines and arcade games included?
Yes, automatic and coin-operated amusement machines and arcade video game machines are Class 28 items.
What happens if my trademark is "Objected"?
You must file a written response within 30 days explaining why your brand is unique and legally eligible for registration.
Is registration valid forever?
No, it is valid for 10 years, but it can be renewed indefinitely every 10 years.
Are Christmas tree ornaments included?
Yes, ornaments for Christmas trees (except lights and candy) and artificial snow are specifically listed in Class 28.
Are swimming pools included?
Inflatable and play-related swimming pools are part of Class 28. Permanent structures belong to Class 19.
Are radio-controlled cars and drones (toys) included?
Yes, radio-controlled toy vehicles and drones (when sold as toys) are part of Class 28.
Why is a search important for toy brands?
The toy market is dominated by global giants. A search ensures you don’t accidentally use a name similar to a famous brand like LEGO or Barbie.
Are protective pads for sports included?
Yes, elbow guards, knee guards, shin guards, and protective padding for sports suits are Class 28 items.
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