Trademark Class 28 in India: Games, Toys, and Sporting Goods

Trademark Class 28 covers goods related to games, toys, sports, and recreational activities under the Nice Classification system. Simply put, it applies to physical products created for play, fitness, and entertainment. Businesses that manufacture or sell these goods must choose this class to ensure effective brand protection.

Brands in this category operate in fast-moving and highly visible markets. Toys, sports equipment, and fitness products often gain consumer recognition quickly. This makes trademark registration essential for establishing clear ownership, strengthening brand value, and supporting long-term growth.

This blog walks you through everything you need to know about Trademark Class 28 in India. It covers goods included, the registration process, and tips to protect your brand.

What is Trademark Class 28 in India?

Trademark Class 28 is a goods-based category under the Nice Classification system. Managed by the World Intellectual Property Organization (WIPO), it applies to products associated with games, toys, sports, and recreational activities. In India, the Trade Marks Act, 1999, governs its implementation.

The Trademark Registry evaluates Class 28 applications based on how the goods are used and their intended function. This method helps distinguish recreational and play-related products from goods covered under other trademark classes.

Businesses that should consider registering under Class 28 include:

• Companies manufacturing or selling toys, games, sports, and recreational products.
• Makers of dolls, puzzles, board games, or educational toys.
• Brands producing sports equipment like cricket bats, footballs, badminton rackets, and gym gear.
• Businesses offering fitness and recreational products such as yoga mats, exercise machines, or outdoor gear.
• Startups launching new or innovative play, fitness, or recreational products.
• Importers or e-commerce sellers marketing Class 28 products under their own brand.

Popular brands like LEGO, Decathlon, Barbie, and Hasbro register under Class 28 to protect their products and brand identity.

Note: Fitness products may require compliance with safety standards or certifications (such as gym equipment safety regulations) to ensure consumer safety and quality, adding credibility to your brand.

Why is Trademark Registration Under Class 28 Important for Businesses?

Here are some key reasons that represent why it’s important to register a trademark under Class 28:

• Establishes exclusive rights: Gives businesses the legal right to use their brand name or logo for games, toys, sports, and recreational products.
• Prevents market confusion: Stops competitors from using similar marks and protects the brand’s identity.
• Strengthens credibility: Builds consumer trust and enhances brand recognition in fast-moving markets.
• Supports legal enforcement: Easier to take action against infringement or counterfeiting.
• Facilitates growth and expansion: Enables licensing, franchising, and potential international registration under WIPO frameworks.

These factors together make registration under the toys trademark class a vital step for businesses to ensure legal clarity in the market.

What are the Goods Covered Under Trademark Class 28?

The table below breaks down the goods covered under the sports trademark class 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, darts boards
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, camping games
Electronic or Mechanical Games (Non-Downloadable)	Arcade machines, standalone electronic games without downloadable software, and 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, scooter ramps, and bicycle play accessories
Novelty and Hobby Items	Yo-yos, spinning tops, toy guns (non-lethal), play tents, toy musical instruments, piñatas, pool toys, inflatable recreational items, dollhouses, model ships, miniatures
Physical Education Tools	Counting toys, learning kits, and interactive physical activity toys
Equestrian and Horse-Riding Equipment	Physical horse-riding gear used directly for sport or recreation, like saddles, bridles, riding crops, and helmets
Adventure and Outdoor Recreational Equipment	Climbing sets (not designed as professional safety equipment), obstacle course gear, inflatable slides, bouncy castles

Still confused about whether your products fall under Trademark Class 28? RegisterKaro leverages years of experience to help you accurately classify and protect your toys, games, sports, and recreational products. Contact us today and ensure your products are fully protected under the right trademark class.

What Goods are Not Covered Under the Toys Trademark Class?

The following items do not fall under the sports trademark class and require registration in other relevant trademark classes:

• Digital or downloadable games: Video games, mobile apps, or online gaming platforms (Class 9).
• Sportswear and clothing: Jerseys, shoes, athletic wear, and sports footwear (Class 25).
• Sports training and coaching services: Physical or online training programs, coaching classes, and fitness workshops (Class 41).
• Electronic devices unrelated to play: Fitness trackers, smartwatches, or electronic equipment not intended as games or recreational products (Class 9).
• Food and consumables for recreational activities: Energy drinks, snacks, or supplements used during sports or play (Class 32).
• Merchandise or memorabilia: Posters, stickers, stationery, or branded merchandise related to sports or games (Class 16).
• Animal care, clothing, nutrition, or service-related products: Horse feed, veterinary items, riding apparel, training services, or related offerings (Class 5/25/41).

Always verify how your product will be used before filing your trademark. If it falls outside physical goods for recreation, play, or fitness, it will likely belong to a different trademark class.

How to Register a Trademark for Toys in India? Class 28 Process

Registering a Class 28 trademark in India involves the following steps:

1. Identify the Correct Class: Use RegisterKaro’s trademark class finder to ensure your product falls under Class 28. Correct classification is crucial for obtaining proper legal protection for your products.
2. Conduct Trademark Search: Search the Indian Trademark Registry database to ensure your brand name or logo is unique. This helps prevent conflicts with existing trademarks. 

RegisterKaro’s trademark availability check tool can also help identify if your desired name or logo is available.

3. Prepare and File Form TM-A: Submit your application online via the IP India portal. Include details such as your brand name/logo, owner information, and a clear description of the goods.

3. Examination by Trademark Office: The Registry checks your application for compliance with the Trade Marks Act, 1999. The examiner may raise trademark objections if there are conflicts or classification issues.
4. Publication in Trademark Journal: Once the Registry approves the application, it publishes it in the Trademark Journal. This allows third parties time to oppose the registration within 4 months. You must respond with evidence and arguments to defend your application.
5. Trademark Registration and Certificate: The Registry issues a Trademark Registration Certificate if no trademark opposition arises or if it resolves in your favor. Your brand is now legally protected under trademark Class 28.

A registered trademark remains valid for 10 years from the date of registration. Trademark renewal allows you to extend protection indefinitely in 10-year increments by filing before expiry.

Tip: Professional guidance from RegisterKaro can help avoid errors, objections, or delays throughout the process. Fill the form to get started.

Other Trademark Classes Similar to Class 28: Multiple Filing

If your products go beyond toys and sports gear, like clothing or fitness services, other trademark classes may also apply alongside Class 28. These include:

Trademark Class	Goods/Services Covered	Relation to Class 28
Class 9	Electronic or downloadable games, gaming consoles, handheld electronic games	Covers digital gaming products that Class 28 does not include
Class 25	Clothing, sportswear, footwear, jerseys	Protects sports apparel and footwear, complementing physical sports equipment
Class 41	Sports training, coaching, fitness classes, recreational workshops	Covers services rather than physical products, relevant to fitness and recreation
Class 16	Stationery, books, manuals, posters related to games or sports	Covers printed materials linked to recreational or sports activities
Class 32	Energy drinks, nutritional supplements for sports or fitness	Protects consumables used in recreational or athletic contexts
Class 35	Retail or online sales of toys, sports goods, and recreational products	Covers business services related to selling Class 28 products

Many well-known brands register their products across multiple classes to secure complete legal protection. For example, Nike registers its sports equipment under the trademark class for sports. It also protects its footwear and apparel under Class 25, digital fitness apps under Class 9, and retail services under Class 35.

Common Mistakes to Avoid While Filing Class 28 Trademarks

Businesses must pay careful attention when filing for the toys trademark class. Here are the most frequent errors businesses make:

• Incorrect Classification: Filing in the wrong class can lead to objections or rejection. 
• Skipping a Trademark Search: Not checking the Trademark Registry database can result in conflicts with existing trademarks, leading to delays or refusals.
• Vague or Inaccurate Description of Goods: Failing to clearly describe your toys, games, sports, or recreational products can create ambiguity and affect protection.
• Ignoring Opposition Possibilities: Overlooking potential oppositions may lead to unexpected legal disputes. Always prepare to respond if a third party challenges your application.
• Delaying Renewal: Forgetting to renew your trademark before the 10-year validity period ends can result in loss of protection.
• Not Seeking Professional Guidance: DIY filings without expert advice increase the chances of errors, delays, or rejections.

Mindfully avoiding these errors helps you save time, money, and prevent legal complications with confidence.

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