Introduction
In today’s competitive world of entertainment, fitness, and leisure, toy and sports brands are booming like never before. From children’s educational toys and video game accessories to fitness equipment and sportswear, the market is full of innovation and creativity. But with opportunity comes competition — and that’s where trademark protection plays a key role.
If you’re in the toy or sports business, you must understand Trademark Class 28 — the category that protects your brand identity in this dynamic market.
In this detailed guide, we’ll cover everything you need to know about Trademark Class 28, including the types of products it covers, why it’s important, examples from popular brands, and how to file your trademark under this class in India.
Understanding Trademark Class 28
Trademark Class 28 is part of the Nice Classification system, an internationally recognized categorization used for trademark registration.
Class 28 specifically covers games, toys, and sporting goods, as well as equipment for sports, fitness, and amusement purposes.
In simpler terms, if your business manufactures, sells, or distributes toys, games, sports items, or gym equipment, your brand should be registered under Trademark Class 28.
List of Products Covered Under Class 28
Trademark Class 28 includes a broad range of items designed for fun, fitness, and leisure. Below is a detailed breakdown:
1. Toys and Games
- Action figures and dolls
- Building blocks and puzzles
- Board games and card games
- Educational toys
- Plush toys and stuffed animals
- Toy vehicles (cars, airplanes, boats)
- Toy guns, toy swords, and playsets
- Remote-controlled toys
- Model kits and collectible figures
2. Video Game Accessories
- Controllers, joysticks, and gaming pads
- Virtual reality headsets (non-electronic)
- Handheld game consoles (non-electric)
- Game-related accessories and novelty items
3. Sporting Goods and Equipment
- Cricket bats, balls, and wickets
- Footballs, basketballs, volleyballs, and hockey sticks
- Rackets for badminton, tennis, and squash
- Table tennis paddles and nets
- Skateboards, roller skates, and scooters (non-motorized)
- Gym and fitness accessories like skipping ropes and resistance bands
4. Exercise and Fitness Products
- Yoga mats and blocks
- Exercise balls
- Resistance tubes and grips
- Dumbbells (non-mechanical types)
- Sports bags and training cones
5. Outdoor and Adventure Equipment
- Camping and outdoor sports gear (excluding tents—those fall under Class 22)
- Fishing tackle and rods
- Archery equipment
- Ice skates and snowboards
6. Party and Amusement Products
- Party games
- Novelty toys
- Costumes and masquerade masks for amusement
- Carnival and fairground apparatus
7. Decorations and Holiday Items
- Christmas tree decorations (except lighting)
- Artificial Christmas trees
- Festive ornaments
Products Not Covered Under Class 28
It’s equally important to know what is not included in Class 28 to avoid confusion:
| Not Covered | Goes Under |
|---|---|
| Gym machines (electric) | Class 7 |
| Sportswear, uniforms | Class 25 |
| Gaming software and apps | Class 9 |
| Toy design services | Class 42 |
| Advertising of games or sports goods | Class 35 |
Why Trademark Class 28 Matters for Toy and Sports Brands
1. Legal Protection Against Copycats
Your toy or sports brand is your identity. Registering it under Class 28 ensures that competitors cannot use a similar name, logo, or packaging to mislead customers.
2. Builds Consumer Trust
When customers see the ® or ™ symbol, they recognize your brand as genuine and professional. It adds credibility and strengthens your reputation in the market.
3. Prevents Business Losses
Imagine investing in packaging, advertising, and distribution — only to find another company using a similar name. A registered trademark helps you avoid such financial and brand damage.
4. Protects Brand Expansion
Once your trademark is registered, you can expand your product line (like from toys to sports kits) while keeping your brand identity protected.
5. Boosts Long-Term Value
A registered trademark becomes an intellectual property asset. It increases the overall value of your business and can even be sold, licensed, or franchised in the future.
Examples of Popular Brands Under Class 28
Let’s look at how global and Indian brands protect their identity using Trademark Class 28:
| Brand Name | Example Product | Registered Under |
|---|---|---|
| LEGO | Building blocks & playsets | Class 28 |
| Nerf | Foam-based toy guns | Class 28 |
| Barbie | Dolls & accessories | Class 28 |
| Yonex | Badminton rackets, shuttlecocks | Class 28 |
| Decathlon | Sports and fitness equipment | Class 28 |
| Fisher-Price | Educational toys for kids | Class 28 |
| Hasbro | Board games like Monopoly | Class 28 |
| Nivia | Footballs and sports gear | Class 28 |
These brands are powerful examples of how proper trademark registration protects their products and reputation globally.
Step-by-Step Guide to Filing a Trademark Under Class 28 in India
Registering a trademark may sound complicated, but with the right guidance, it’s quite straightforward. Let’s walk through each step.
Step 1: Conduct a Trademark Search
Before applying, you must check if your brand name or logo is unique and not already registered.
Visit the official IP India website:
👉 https://ipindiaonline.gov.in/tmrpublicsearch/frmmain.aspx
Search under Class 28 using your proposed brand name to ensure availability.
Step 2: Choose the Applicant Type
You can apply as an:
- Individual, Startup, or MSME – ₹4,500 per class (Govt. fee)
- Company or Partnership Firm – ₹9,000 per class (Govt. fee)
Professional charges may vary based on the consultant.
Step 3: Prepare the Required Documents
To file your trademark application, you’ll need:
- Logo or brand name in digital format
- Identity proof (Aadhar, PAN, etc.)
- Address proof of the applicant
- Business proof (Udyam/MSME certificate if applicable)
- Power of attorney (if filed through an agent)
Step 4: File the Trademark Application
You can apply online via the IP India portal or through a certified trademark consultant like VMK Professionals.
Once submitted, you’ll receive an Application Number that allows you to track your application’s progress.
Step 5: Examination and Publication
The process includes:
- Examination – The trademark examiner checks for conflicts or objections.
- Publication – Your trademark is published in the Trademark Journal for public review.
- Opposition Period – Any third party can object within 4 months.
- Registration – If no objection arises, your brand is officially registered and protected.
Duration and Renewal
A registered trademark is valid for 10 years and can be renewed indefinitely by paying a renewal fee every decade.
This ensures lifetime protection for your toy or sports brand.
Common Mistakes to Avoid While Filing Under Class 28
- Choosing Descriptive Names
Names like “Toy World” or “Sport Shop” are too generic and may be rejected. - Ignoring Phonetically Similar Marks
Even similar-sounding names can cause legal issues (e.g., “Legoz” vs. “Lego”). - Not Conducting Proper Search
Skipping a thorough trademark search may lead to rejection or opposition. - Incorrect Classification
Some products like sportswear fall under Class 25, not Class 28. - Not Taking Professional Help
Filing incorrectly can lead to rejection or loss of rights.
Tips for Choosing a Strong Trademark for Toy and Sports Brands
- ✅ Be Unique – Inventive names like “PlayVerse” or “Sportico” are more distinctive.
- ✅ Avoid Descriptive Terms – Generic or common words reduce your chances of approval.
- ✅ Think Long-Term – Choose a name that can support future product expansion.
- ✅ Include a Visual Element – A creative logo or symbol strengthens your brand identity.
- ✅ Check Global Availability – If you plan to sell internationally, also search on WIPO and TMView databases.
Why You Should Register Your Toy or Sports Brand Now
The toy and sports industry is rapidly expanding in India due to increased awareness of fitness and the growing demand for child learning tools. New players are entering the market every month.
If you don’t register your brand name early, someone else could — and you might lose your identity or face legal restrictions later.
A registered trademark ensures that your creative designs, catchy name, and brand reputation remain exclusively yours.
Conclusion
Trademark Class 28 plays a crucial role in protecting brands in the toy, game, and sports industries. Whether you sell children’s educational toys, fitness gear, or sports accessories, this class ensures that your brand name, logo, and reputation are safeguarded under Indian law.
By registering your trademark under Class 28, you protect your innovation, strengthen customer trust, and build long-term brand equity.
Get Expert Help from VMK Professionals
At VMK Professionals, we specialize in helping businesses register their trademarks under the right class — efficiently and affordably.
Our team of legal experts assists with:
- Comprehensive trademark search and classification
- Smooth application filing and documentation
- Handling objections or oppositions professionally
- Quick registration and post-filing support
💼 Protect your toy or sports brand today with VMK Professionals — your trusted partner in brand protection.
📞 Contact us now to secure your brand identity under Trademark Class 28 and stay ahead of competitors.