Trademark Class 28 in India: Registering Games, Toys & Sporting Goods

trademark class 28

Trademarks are the backbone of brand identity, offering legal protection that is crucial for business success in today’s competitive landscape. For entrepreneurs and businesses in India involved in the manufacture, distribution, or retailing of toys, games, sporting goods, and gym equipment, understanding Trademark Class 28 is essential. This comprehensive guide is designed to help Indian businesses make informed decisions, ensuring your brand not only stands out but also stays protected.

What is Trademark Class 28?

Trademark Class 28 pertains to a defined category under the internationally recognized Nice Classification system, specifically covering goods related to:

  • Games and playthings
  • Toys and dolls
  • Gymnastic and sporting articles (not included in other classes)
  • Amusement equipment
  • Decorations for Christmas trees

If your business deals with any of these items, trademark registration under this class is mandatory for proper legal protection in India.

Why Trademark Protection is Vital in Class 28

  1. Safeguarding Your Brand

The Indian market for toys, sports equipment, and games is vast and rapidly growing. Unauthorized copying, counterfeiting, and lookalike products are common challenges. Registering your brand under Class 28 gives you exclusive rights and legal recourse to protect your brand from imitators.

  1. Gaining Trust and Market Share

A registered trademark sets your brand apart, builds consumer trust, and signals authenticity on e-commerce platforms like Amazon, Flipkart, and even global marketplaces.

  1. Compliance for E-Commerce and Exports

For Indian sellers, especially those exporting or selling online, most platforms and partners demand trademark registration for product listings, especially in sectors fraught with fakes and imitations such as toys and sports goods.

Detailed List: What Falls Under Trademark Class 28?

This class casts a wide net over products used for entertainment, recreation, sports, and novelty. Here’s an extensive breakdown:

Games and Playthings

  • Board games (ex: chess, ludo, Monopoly)
  • Card games (ex: playing cards, UNO)
  • Puzzle games (ex: Rubik’s Cube, Jigsaw puzzles)
  • Arcade video game machines
  • Outdoor play equipment (swings, slides, seesaws)

Toys and Dolls

  • Action figures, soft toys, plush dolls
  • Battery-operated and electronic toys
  • Construction toys (ex: LEGO)
  • Toy vehicles (cars, trains, aeroplanes)
  • Rattles, pull-along toys, educational toys

Sporting Equipment

  • Cricket bats, footballs, tennis rackets, shuttlecocks, and badminton sets
  • Basketballs, volleyballs, goal posts, nets, and protective gear (pads, helmets, gloves)
  • Gym and fitness gear (dumbbells, skipping ropes, yoga balls, resistance bands)
  • Table tennis kits, carrom boards, dart boards
  • Swimming gear (pool floats, goggles, kickboards)
  • Outdoor sports equipment (surfboards, skateboards, bicycles for children)

Amusement and Novelty Items

  • Party games, magic trick kits, karaoke sets
  • Joke toys, pinatas, party decorations
  • Handheld video gaming devices and consoles

Water and Adventure Sports Equipment

  • Fishing tackle (except nets), artificial bait
  • Inflatable boats, snorkels, fins (excluding diving apparatus covered in other classes)
  • Mountaineering and climbing gear like ropes and ascenders

Decorations for Christmas Trees

  • Ornaments, artificial snow, tinsel, tree stands
  • Bells, artificial Christmas trees

More List

  • 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 especially designed for skis and surfboards
  • ball pitching machines
  • balls for games
  • bar-bells
  • baseball gloves
  • batting gloves [accessories for games]
  • bells for Christmas trees
  • billiard table cushions
  • billiard balls
  • billiard markers
  • billiard cues
  • billiard cue tips
  • billiard tables
  • coin-operated billiard tables
  • bingo cards
  • bite indicators [fishing tackle]
  • bite sensors [fishing tackle]
  • bladders of balls for games
  • board games
  • bob-sleighs
  • body-building apparatus / body rehabilitation apparatus / body-training apparatus
  • bodyboards
  • bowling apparatus and machinery
  • bows for archery
  • boxing gloves
  • building blocks [toys]
  • building games
  • butterfly nets
  • camouflage screens [sports articles]
  • candle holders for Christmas trees
  • caps for pistols [toys]
  • carnival masks
  • chalk for billiard cues
  • chess games
  • chessboards
  • chest expanders [exercisers] / exercisers [expanders]
  • chips for gambling
  • Christmas trees of synthetic material
  • Christmas tree stands
  • clay pigeon traps
  • clay pigeons [targets]
  • climbers’ harness
  • confetti
  • conjuring apparatus
  • controllers for game consoles
  • controllers for toys
  • counters [discs] for games
  • creels [fishing traps]
  • cricket bags
  • cups for dice
  • darts
  • decoys for hunting or fishing / lures for hunting or fishing
  • dice
  • discuses for sports
  • divot repair tools [golf accessories] / pitch mark repair tools [golf accessories]
  • dolls
  • dolls’ feeding bottles
  • dolls’ beds
  • dolls’ houses
  • dolls’ clothes
  • dolls’ rooms
  • dominoes
  • draughtboards / checkerboards
  • draughts [games] / checkers [games]
  • dumb-bells
  • edges of skis
  • elbow guards [sports articles]
  • electronic targets
  • explosive bonbons [Christmas crackers] / cosaques [toy fireworks]
  • fairground ride apparatus
  • fencing weapons
  • fencing masks
  • fencing gauntlets / fencing gloves
  • fish hooks
  • fishing tackle
  • flippers for swimming / swimming webs [flippers]
  • floats for fishing
  • flying discs [toys]
  • foosball tables
  • games*
  • apparatus for games
  • gaming machines for gambling
  • gloves for games
  • golf clubs
  • golf bags, with or without wheels
  • golf gloves
  • golf bag trolleys / golf bag carts
  • gut for rackets
  • gut for fishing
  • appliances for gymnastics
  • hang gliders
  • harness for sailboards
  • harpoon guns [sports articles]
  • hockey sticks
  • horseshoe games
  • hunting game calls
  • ice skates
  • jigsaw puzzles
  • kaleidoscopes
  • kite reels
  • kites
  • knee guards [sports articles]
  • landing nets for anglers
  • in-line roller skates
  • lines for fishing
  • mah-jong
  • marbles for games
  • masks [playthings]
  • masts for sailboards
  • matryoshka dolls [wooden nested Russian dolls]
  • men’s athletic supporters [sports articles]
  • mobiles [toys]
  • nets for sports
  • novelties for parties, dances [party favors, favours]
  • ornaments for Christmas trees, except illumination articles and confectionery
  • pachinkos
  • paintball guns [sports apparatus]
  • paintballs [ammunition for paintball guns] [sports apparatus]
  • paper party hats
  • paragliders
  • parlour games / parlor games
  • percussion caps [toys] / detonating caps [toys]
  • machines for physical exercises
  • piñatas
  • play balloons
  • playing balls
  • playing cards
  • plush toys
  • poles for pole vaulting
  • portable games with liquid crystal displays
  • practical jokes [novelties]
  • protective paddings [parts of sports suits]
  • punching bags
  • puppets / marionettes
  • quoits
  • rackets / bats for games
  • radio-controlled toy vehicles
  • rattles [playthings]
  • reels for fishing
  • ring games
  • rocking horses
  • rods for fishing
  • roller skates
  • rollers for stationary exercise bicycles
  • rosin used by athletes
  • roulette wheels
  • sailboards
  • scale model vehicles
  • scale model kits [toys]
  • scent lures for hunting or fishing
  • scooters [toys]
  • scrapers for skis
  • scratch cards for playing lottery games
  • seal skins [coverings for skis]
  • shin guards [sports articles]
  • shuttlecocks
  • skateboards
  • skating boots with skates attached
  • ski bindings
  • skis
  • skittles
  • skittles [games] / ninepins
  • sleds [sports articles]
  • slides [playthings]
  • sling shots [sports articles]
  • slot machines [gaming machines]
  • snow globes
  • snowboards
  • snowshoes
  • soap bubbles [toys]
  • sole coverings for skis
  • spinning tops [toys]
  • spring boards [sports articles]
  • starting blocks for sports
  • stationary exercise bicycles
  • strings for rackets
  • stuffed toys
  • surf skis
  • surfboard leashes
  • surfboards
  • swimming pools [play articles]
  • swimming kick boards
  • swimming belts
  • swimming jackets
  • swings
  • tables for table tennis
  • targets
  • teddy bears
  • tennis nets
  • tennis ball throwing apparatus
  • theatrical masks
  • toy pistols
  • toy vehicles
  • toy models
  • toy figures
  • toys for domestic pets
  • toys*
  • trampolines
  • twirling batons
  • video game machines
  • water wings
  • waterskis
  • wax for skis
  • weight lifting belts [sports articles]

Not Included in Class 28

 Be attentive: Not all sports- and play-related products are covered under Class 28. The following go in other classes:

  • Clothing for gymnastics and sports (Class 25)
  • Diving equipment (Class 9)
  • Fishing nets (Class 22)
  • Christmas tree candles, electrical light sets, and edible decorations (other relevant classes)
  • Dietary supplements (Class 5)

The Legal Framework in India

Trademark registration in India is governed by the Trade Marks Act, 1999, and is aligned with the globally accepted Nice Classification.

Essentials of Class 28 Registration:

  • Marks must be distinctive and not descriptive (for example, “Soft Ball” for a sporting good may be rejected).
  • Names already in use or customary for products will not be granted protection.
  • Protection covers similar goods in other countries that are party to treaty networks like TRIPS, Berne Convention, Paris Convention, and Madrid Protocol.

Special Legal Considerations

  • Exclusive Rights: Registered owners have the right to use and authorize the use of the brand for all goods in Class 28.
  • Legal Remedy: Protection against infringement and counterfeiting; enables legal action in Indian courts.
  • Expansion: Can be referenced and expanded globally under the Madrid Protocol for international registration.

Step-by-Step Guide: How to Register a Trademark Under Class 28 in India

  1.  Trademark Search

 Perform a thorough search on the IP India portal to confirm your mark isn’t already registered. Avoid conflicts and objections by checking for visually and phonetically similar marks.

  1. Filing Your Application
  • File online via the official IP India portal or manually at any of the five Trademark Registry offices.
  • Use Form TM-A for single or multi-class applications.
  • Provide a detailed description of goods, relevant class (Class 28), and your brand logo, if any.
  1. Application Examination

The Trademark Office will examine your application for legal compliance and potential conflict.

You may be required to respond to objections within 30 days if any arise.

  1. Publication

If approved, your trademark is published in the public Trademark Journal for four months, allowing the public to raise any objections.

  1. Registration and Certification

If no opposition occurs or all objections are resolved, your brand is registered. You’ll obtain a registration certificate with exclusive rights for 10 years, renewable indefinitely.

  1. Renewal

Trademarks can be renewed every 10 years for continued protection.

List: Prominent Brands Registered Under Trademark Class 28

BrandProduct Type
LEGOBuilding Blocks, Construction Toys
BarbieDolls and Accessories
Hot WheelsToy Cars
NerfFoam Dart Guns, Blasters
MonopolyBoard Games
WilsonSports Equipment (tennis, baseball)
Fisher-PriceEducational Toys
PlayStationGaming Consoles

 These brands have leveraged Class 28 to build robust, legally protected identities in global and Indian markets.

Strategic Tips for Indian Businesses

  • Be Specific: Precisely identify which products your trademark will cover, as rights apply only to the goods listed in your application.
  • E-Commerce Readiness: For exporting or selling on Amazon, Flipkart, and similar platforms, Class 28 registration is often mandatory or recommended for toys and sports products.
  • International Ambitions: Planning to go global? You can expand Indian registration internationally through the Madrid Protocol.

Missteps to Avoid

  • Wrong Class Selection: Filing in the wrong class leaves your brand unprotected in the correct commercial category.
  • Descriptive Names: Avoid generic and descriptive names, as they are often denied registration and are weak in the market.
  • Incomplete Goods List: Make sure all relevant goods are included in the application, so you don’t have to file again later or risk gaps in protection.

Key Benefits of Registering Under Class 28

    1. Market Exclusivity: Prevent others from using identical or similar marks.
    2. Legal Protection: Provides a strong position to enforce rights and prevent infringement.
    3. Consumer Trust: Signifies brand authenticity, helps in building a reputable business.
    4. Global Leverage: Eases expansion into global markets via treaties and protocols.
    5. Revenue Security: Increases business valuation and can be leveraged in licensing and franchising agreements.

Final Thoughts

For Indian entrepreneurs and business owners, Trademark Class 28 is not just a legal classification—it’s a gateway to sustainable growth and competitive advantage in a fiercely contested market. By registering your trademark under Class 28, you ensure that your product innovations, business efforts, and market reputation remain exclusively yours, now and into the future. Act early, register right, and build a brand that stands out and stands protected.