Trademark Class 28 covers toys, games, sporting goods, and recreational and fitness equipment in India. It applies to physical products used for play, sports, and exercise. It does not cover digital games, apparel, or coaching services. If you manufacture, supply, or distribute toys, games, or sports equipment, registering your brand under Class 28 helps protect your name and logo.
The Indian Trademark Registry evaluates Class 28 applications based on how the goods are used and their intended function. It does not base the classification on the industry or price point. Popular brands such as LEGO, Decathlon, Barbie, and Hasbro hold Class 28 registrations in India.
Key Takeaways
- Class 28 covers toys, board and card games, sports equipment, fitness gear, and outdoor recreational equipment.
- It does not cover digital or downloadable games (Class 9), sportswear (Class 25), coaching services (Class 41), or sports nutrition (Class 32).
- Saddles, bridles, and riding crops are Class 18, not Class 28, despite being related to a sport.
- Online filing costs ₹4,500 per class for individuals, DPIIT-recognized startups, and Udyam-registered MSMEs, and ₹9,000 per class for companies, LLPs, and partnership firms.
- A trademark remains valid for 10 years from the date of application, not the certificate-issue date, and renews indefinitely in 10-year blocks.
- Many toy and sports brands also file under Classes 9, 25, 35, and 41 to cover digital products, apparel, retail, and coaching services.
What is Trademark Class 28 in India?
Trademark Class 28 is a goods-based classification managed globally by WIPO under the Nice Classification system. In India, the Trade Marks Act, 1999 governs its registration and enforcement.
Trademark registration under Class 28 gives toy manufacturers, sporting goods brands, and fitness equipment sellers exclusive rights to their brand name and logo. It also provides legal protection against counterfeiters and imitators. Registered trademarks can also be protected in export markets and licensed or franchised as business assets.
Note: Fitness equipment may also need separate safety certifications, such as gym equipment safety certifications. These requirements are handled separately from the trademark process.
What are the Goods Covered Under Trademark Class 28?
The table below breaks down the goods covered under Class 28 in detail:
| Category | Examples of Goods Covered |
|---|---|
| Toys and Playthings | Dolls, action figures, stuffed toys, building blocks, puzzles, toy vehicles, educational toys |
| Games | Board games, card games, chess, checkers, dominoes, outdoor games, carnival games, hobby kits |
| Sports Equipment | Cricket bats, footballs, basketballs, badminton rackets, tennis rackets, hockey sticks, gymnastic equipment, protective gear (helmets, pads), ping pong tables, dartboards |
| Fitness and Exercise Products | Yoga mats, dumbbells, kettlebells, resistance bands, exercise machines, jump ropes, pull-up bars, balance boards, Pilates rings |
| Recreational and Outdoor Gear | Swings, slides, playground equipment, bicycles, scooters, skateboards, sports nets and goals, kites, juggling balls, obstacle course equipment |
| Electronic or Mechanical Games (Non-Downloadable) | Arcade machines, standalone electronic games without downloadable software, mechanical puzzles |
| Water and Winter Sports Gear | Inflatable pools, water floats, swim boards, sledges, ice skates, snowboards |
| Toy Vehicles and Accessories | Model cars, trains, remote-controlled vehicles, toy airplanes, track sets |
| Novelty and Hobby Items | Yo-yos, spinning tops, toy guns (non-lethal), play tents, toy musical instruments, piñatas, dollhouses, model ships, miniatures |
| Physical Education Tools | Counting toys, learning kits, interactive physical activity toys |
| Adventure and Outdoor Recreational Equipment | Climbing sets (non-professional/safety-rated), obstacle course gear, inflatable slides, bouncy castles |
What Goods are Not Covered Under the Toys Trademark Class?
The following items don’t fall under Class 28 and need registration under other classes:
- Digital or downloadable games: Video games, mobile apps, and online gaming platforms fall under Class 9.
- Sportswear and footwear: Jerseys, athletic wear, and sports shoes fall under Class 25.
- Sports training and coaching services: Coaching classes and fitness workshops fall under Class 41.
- Electronic devices unrelated to play: Fitness trackers and smartwatches fall under Class 9.
- Sports nutrition and consumables: Energy drinks and supplements fall under Class 32.
- Merchandise and printed materials: Posters, stickers, and stationery related to sports or games fall under Class 16.
- Saddles, bridles, and riding crops: These fall under Class 18 (leather goods and saddlery), not Class 28, even though they’re used in a sport.
- Animal feed: Falls under Class 31 (agricultural products), not Class 5, which covers veterinary preparations rather than feed itself.
How to Register a Trademark for Toys in India? Class 28 Process
Here’s the process to register your trademark under Class 28:
- Confirm the class: Use RegisterKaro’s trademark class finder to check if your product falls under Class 28.
- Search first: Check the Indian Trademark Registry database or use RegisterKaro’s trademark availability check tool to check if your brand name or logo is unique.
- File Form TM-A: Submit your application online through the IP India portal. Provide your brand name or logo, owner details, and a clear description of your goods.
- Examination: The Registry reviews your application under the Trade Marks Act, 1999. If it finds any issues, the examiner may raise trademark objections. You must respond within 30 days.
- Publication and opposition: If accepted, the mark is published in the Trademark Journal. Third parties have 4 months to file a trademark opposition.
- Registration and certificate: If there is no opposition, or you win the opposition, the Registry issues the registration certificate. The trademark is valid for 10 years from the application date, not the certificate issue date, under Section 25 of the Trade Marks Act, 1999. Renew it every 10 years to keep the protection active.
Class 28 applications usually take 12–18 months from filing to registration if there are no objections or oppositions.
Other Trademark Classes Similar to Class 28: Multiple Filing
If your products or services extend beyond physical toys and sports gear, these classes often apply alongside Class 28:
| Class | Covers | Relation to Class 28 |
|---|---|---|
| Class 9 | Digital/downloadable games, gaming consoles | Covers digital gaming products Class 28 excludes |
| Class 25 | Sportswear, footwear, jerseys | Protects apparel that complements sports equipment |
| Class 41 | Coaching, fitness classes, workshops | Covers services rather than physical products |
| Class 16 | Stationery, manuals, posters | Covers printed materials linked to games or sports |
| Class 32 | Energy drinks, supplements | Protects consumables used in sport or fitness |
| Class 35 | Retail and online sales | Covers the business of selling Class 28 products |
For example, Nike registers its sports equipment under Class 28, its footwear and apparel under Class 25, its fitness apps under Class 9, and its retail services under Class 35.
