Trademark Class 28: Toys, Sports Goods & Fitness Accessories – Complete Legal & Strategic Guide (India)
India’s toy and sports market has grown exponentially, fueled by rising middle-class spending, digital sports platforms, and government initiatives like “Make in India” and the National Toy Action Plan. Whether you’re manufacturing plastic toys, exporting badminton rackets, selling yoga balls online, or distributing board games, your brand must be protected under Trademark Class 28.
Class 28 covers physical playthings, fitness accessories, game machines, and novelty items. This includes everything from puzzles, dolls, chess boards, cricket bats, yoga mats, skipping ropes, trampolines, to arcade games.
In This Guide:
- Products covered in Class 28
- Excluded items
- Practical examples
- Trademark filing process
- Madrid Protocol for global reach
- Tips for brands in the toy and fitness industry
Legal Basis in India
India follows the Nice Classification (11th edition) under the Trade Marks Act, 1999.
Trademark Class 28 includes: “Games, toys and playthings; video game apparatus; gymnastic and sporting articles; decorations for Christmas trees.”
This covers both non-electronic and electronic games, amusement goods, sports kits, fitness gear, toys, and event decorations.
Scope of Trademark Class 28
This class is used by:
- Toy manufacturers
- Board game developers
- Sports goods suppliers
- D2C fitness brands
- Indoor game startups
- eCommerce sellers of hobby products
Class 28 Covers:
Toys & Playthings
- Plastic toys and action figures
- Dolls and dollhouses
- Toy vehicles (cars, planes, trains)
- Building blocks (e.g., Lego-style sets)
- Inflatable toys, water guns, toy swords
- Toy musical instruments
- Educational toys and puzzles
- Baby rattles and learning cubes
Games
- Board games (chess, carrom, ludo)
- Card games (UNO, poker sets)
- Dice and play chips
- Game accessories (timers, boards, pieces)
- Table-top games and arcade-style machines
- Indoor play tents and ball pits
Sports Equipment
- Cricket bats, balls, wickets
- Badminton, tennis, squash racquets
- Football, basketball, volleyball
- Table tennis boards and paddles
- Skipping ropes, hula hoops
- Trampolines and balancing boards
- Swimming gear (kickboards, pool toys)
Fitness & Gym Articles
- Dumbbells, kettlebells, barbells
- Yoga mats (used for exercise)
- Resistance bands, push-up bars
- Exercise balls and rollers
- Pilates rings, home gym accessories
Seasonal & Fun Accessories
- Decorations for Christmas trees
- Novelty masks, fake snow sprays
- Party hats, amusement park playsets
Examples of Products Under Class 28
- Plastic car toys and toy helicopters
- Stuffed animal toys (teddy bears, unicorns)
- Chess boards and wooden carrom boards
- Magnetic puzzle boards for kids
- Cricket kits (bat, gloves, stumps)
- Trampolines and gymnastic hoops
- Footballs with brand logos
- Yoga mats and exercise stretch bands
- Toy musical keyboards and guitars
- Indoor ball pits and play tunnels
Products NOT Covered in Class 28
| Item | Correct Class |
|---|---|
| Video game software (disc/apps) | Class 9 |
| Sports clothing/uniforms | Class 25 |
| Protective gear (helmets, pads) | Class 9 or 10 |
| Sports supplements | Class 5 |
| Virtual/online games | Class 9 or 41 |
| Trophies and awards | Class 21 or 14 |
| Gaming chairs, accessories | Class 20 or 9 |
| Martial arts (real) weapons | Class 13 |
Rule of Thumb: If it’s a physical product for play, sport, or recreation (not software), it belongs in Class 28.
Real-World Trademark Examples (India – Class 28)
| Brand Name | Trademarked Products |
|---|---|
| HAMLEYS | Toys, stuffed animals, board games |
| NERF | Toy guns, blasters, foam darts |
| DECATHLON | Fitness equipment, sports accessories |
| STAG | Table tennis gear |
| FUNSKOOL | Puzzles, building blocks |
| FITKIT | Yoga accessories, dumbbells |
| DORAEMON | Character-branded toy sets |
Why Trademark Class 28 is Essential
- Exclusive rights to your toy/sports brand
- Protection from marketplace knock-offs
- Required for Amazon Brand Registry
- Boosts OEM, franchise, export opportunities
- Customs and legal enforcement support
- Enhances licensing and IP valuation
Trademark Filing Process (India) – Class 28
- Trademark Search: Use IP India portal (Class 28)
- Form TM-A: Mention specific goods like “plastic toys, cricket bats, skipping ropes”
- Online Filing: File on IP India site or via attorney
- Examination: Registrar checks for objections
- Journal Publication: Open for 4 months
- Certificate Issued: Valid for 10 years
Documents Required:
- PAN/Aadhaar
- Logo (optional)
- MSME Certificate (optional)
- TM-48 (if filed by agent)
- Product images, website (optional)
Madrid Protocol – Global Trademark (Class 28)
If exporting, file internationally via Madrid Protocol:
| Jurisdiction | Trademark Class |
|---|---|
| India | Class 28 |
| USA | Class 028 |
| EU | Class 28 |
| UK | Class 28 |
| WIPO (Madrid) | Class 28 |
Common Mistakes to Avoid
- Using vague terms like “kids products”
- Filing software games here (should be Class 9)
- Ignoring fitness gear (belongs in Class 28 if manual)
- Overlooking seasonal items like Christmas décor
- Not filing sub-brands or mascots
Top Tips for Trademark Applicants – Class 28
- List every category clearly (e.g., toys, games, gear)
- Include materials and function
- Register mascot/logo separately
- Keep software-based marks in Class 9
- Use Madrid Protocol for export-oriented brands
FAQs – Trademark Class 28
- Are yoga mats Class 28? ✅ Yes, if for exercise
- Electronic toys? ✅ Yes
- Board games? ✅ Yes
- Cricket bats and balls? ✅ Yes
- Helmets? ⚠️ No (Class 9/10)
- Video game software? ❌ No (Class 9)
- Foam mats for kids? ✅ Yes
- Need separate filings for toys and sports? ✅ Yes, if branding differs
- Action figures? ✅ Yes
- Fitness for home use? ✅ Yes
Conclusion
Trademark Class 28 protects brands in toys, games, recreational goods, and fitness products. Whether you’re an emerging startup, sports exporter, or eCommerce brand, this class offers robust IP protection.
At RegistrationMART, we:
- Conduct Class 28 trademark searches and filings
- Draft brand-specific applications
- Handle objections and renewals
- Support Madrid Protocol registration
- Help with Amazon/Flipkart Brand Registry
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