Items Covered Under Trademark Class 28: Toys and Sporting Goods

The concept of Trademark Class 28 are related to all kinds of games and play things gymnastic and sporting articles not included in any other classes along with the decorations for Christmas trees. However, to avoid any objection from the examiner it is deemed necessary that the author should register their Trademark under the appropriate class which will further protect such Trademarks from the infringers.

The purpose of such trademark classes is to allow different types of businesses to register themselves and their trademarks into categories most fitted to their core business. Thus, it can be stated that trademark law is a law which is designed to prevent any unfair competition in the market.

List of Items Covered Under Trademark Class 28

The lists of items which are covered under Trademark Class 28 are mentioned below as:

• Video Game Devices
• Video Game Apparatuses
• Different types of Toys or Playthings, Novelties, Games
• Swimming Gear
• Any other toys or sporting goods which are not mentioned in other classes.
• Hunting gear
• Fishing gear
• Gears for various sports and games.
• Various Gymnastic Goods, Equipment or Gears and Articles.
• Various types of Playground Apparatuses.
• Certain categories of Decorations for Christmas Tree.
• Artificial Christmas Trees made up of Synthetic Materials .
• Stands for Christmas Tree
• Any amusement and novelty items such as carnival masks, paper party hats.
• Novelty items including  practical jokes and party favours.
• Game and amusement apparatus such as controllers.

All categories of Sporting Goods, Equipments, Gears and Articles.

Goods Excluded from Trademark Class 28

There are various items which have been excluded or not covered under the list of Trademark Class 28. Some of them are mentioned as:

• Sporting Firearms  as mentioned under Trademark Class 13.
• Sex toys and love dolls as stated under Trademark Class 10.
• Gymnasium Mats as mentioned under Trademark Class 27.
• Fishing nets as per Trademark Class 22.
• Electric lights used for decorating Christmas trees under Trademark Class 11.
• Diving equipment as detailed under Trademark Class 9.
• Diverse chocolate decorations under Trademark Class 30.
• Clothing used for the purpose of gymnastics and sports under Trademark Class 25.
• Christmas tree candles under Trademark Class 4.

Coordinated Classes for Trademark Class 28

Trademark Class 28 is considered to be one of the most sporty and user-friendly trademark classes. Moreover, in case if any particular or specific goods or services falls in more than one class of Trademark, then in such conditions the applicant needs to apply for Trademark Registration in each of the classes under which such specific goods and services falls.

Further, it can be stated that if the applicant is not of view whether to register such goods and services in Trademark Class 28, then following are the related classes which should be taken into consideration –

• Computers and Scientific Devices Under Trademark Class 9.
• Science and Technology Services Under Trademark Class 42.
• Education and Entertainment Services Under Trademark Class 41.
• Advertising and Business Services as mentioned in Trademark Class 35.
• Clothing as mentioned under Trademark Class 25.
• Furniture as mentioned under Trademark Class 20.
• Paper goods as mentioned under Trademark Class 16.

Detailed List of Goods Mentioned Under Trademark Class 28

Following is the detailed list of goods and services which can be included under the Trademark Class 28 in alphabetical order:

• Air pistols (toys)
• Amusement machines which are automatic and operated by coin
• Arcade video games
• Archery equipments
• Artificial baits for fishing
• Artificial snow for decorating Christmas trees
• Air pistols (toys)
• Amusement machines which are automatic and operated by coin
• Arcade video games
• Archery equipments
• Artificial baits for fishing
• Artificial snow for decorating Christmas trees
• Bags specifically designed for skis and surfboards
• Ball pitching machines
• Balls for different games
• Bar-bells
• Baseball gloves- accessories for games
• Batting gloves-accessories for games
• Bells used for Christmas trees
• Billiard table cushions
• Billiard balls
• Bite sensors for fishing tackle
• Bladders of balls
• Board games
• Body-building equipments
• Body rehabilitation equipments
• Bowling apparatus and machinery
• Cups used for Dice
• Cricket Bags
• Counters Disc
• Controllers used for Toys
• Confetti
• Coin-Operated Billiard Tables
• Climbers Harness
• Clay Pigeons as Targets
• Clay Pigeon Traps
• Christmas Trees made of Synthetic Material
• Christmas Tree Stands
• Chips to play Gambling
• Chest Expanders for exercise
• Chessboards
• Chalk used as  Billiard Cues
• Carnival Masks
• Caps For Pistols used as Toys
• Candle Holders used in Christmas Trees
• Camouflage Screens used as Sports Articles
• Dolls Feeding Bottles
• Dolls Clothes
• Beds for Dolls
• Divot Repair Tools as Golf Accessories
•  Pitch Mark Repair Tools used as Golf Accessories
• Discuss For Games
• Decoys used for Hunting Or Fishing
•  Lures used for Hunting Or Fishing
• Dart games
• Explosive Christmas Crackers
• Caciques used as Toy Fireworks
• Electronic Targets
• Elbow Guards used as Sports equipments
• Edges for Skis
• Foosball Tables
• Flying Discs as toys
• Floats used for Fishing
• Flippers For Swimming Purpose
• Swimming Webs
• Fishing Tackle
• Fishing Hooks
• Fencing Equipments
• Fencing Masks, Gloves
• Fairground Apparatus
• Golf Bags, Clubs
• Golf bags without & with wheels
• Trolleys for golf bags
• Golf Bag Carts
• Gloves used for Games
• Gaming Machines to play gambling
• Hunting Games
• Horseshoe Games
• Hockey Sticks
• Harpoon Guns as Sports equipments
• Harness used for Sailboards
• Gliders to hang
• Paper Party Caps
• Paintballs and Ammunition for Paintball Guns
• Paintball Guns
• Ornaments For Christmas Trees Other than Illumination Articles and Confectionery
• Novelties made for Parties or Dances
• Nets used for Sports
• Mobiles as Toys
• Men’s Athletic Supporters and Equipments
• Masks as playthings
• Marbles as Games
• Mah-Jong
• Machines used for physical exercise
• Rattles for games
• Radio-Controlled Toy Vehicles for games
• Rackets or  bats for Games
• Quoits
• Puppets or Marionettes
• Punching Bags for exercise
• Protective Padding’s
• Practical Jokes
• Portable Games With Crystal Displays
• Poles used for Pole Vaulting

What is the New Addition Made in Trademark Class 28?

The classification guides for Trademark Classes are constantly being updated with new goods or services. As soon as the marketplace changes, the trademark office also changes and must adapt to such change. Further, below are some of the latest listings for Trademark class 28,

• Amusement devices specifically bounce houses in the form of an air inflated cushion in an air inflated structure,
• Arm bands used for designating team member positions in various sports activities,
• Educational toys in the form of an illustrated wall map,
• Equipment for games set sold as a complete unit comprised basically of board games and playing cards which also includes rules to play, dry and erase boards and erasers, markers, a timer and T-shirts.

Conclusion

Thus, it can be clearly mentioned that in order to get a Trademark Registered in India for any of his or her goods and services an author or any owner needs to apply under the correct Class of Trademark.

However, if an author or an owner of a Trademark fails to apply in the correct form for a Trademark to be registered in India, then in such situations he or she will have to apply again for the same Trademark to be registered. Hence, it is always considered important to contact any Trademark professional for the hassle-free working of the Trademark Registration process.

Also, Read: How to Apply for Online Trademark Registration in India