Introduction to Trademark 28
Trademark Class 28 is the center for play and sports covering a wide range of items for entertainment and physical activity. It actively celebrates fun and adventure, from the joy of play to the thrill of competition. From board games that create friendly competition to sports equipment that drives competitive spirit, this class is where leisure meets action.
This class is about recreation, encompassing a wide range of products such as Games, toys, and playthings; video game apparatus; gymnastic and sporting articles; and decorations for Christmas trees that bring joy, challenge, and excitement to both children and adults. It mainly includes toys, apparatus for playing games, sports equipment, amusement and novelty items, as well as certain articles for Christmas trees.
Let us discuss the products covered under Trademark Class 28 briefly:
a. Toys and Games: This includes a variety of toys and games such as dolls, action figures, video game consoles, etc that engage the mind and provide entertainment.
Example: FirstCry is a well-known brand in India that offers a wide range of toys, games, and baby products.
b. Outdoor and Sports Equipment: This includes sporting goods and equipment such as Balls, rackets, nets, protective gear like helmets and pads, fitness equipment, and sports accessories used for outdoor activities and athletic pursuits.
Example: Nivia is a well-known brand in India that offers a wide range of sports gear, including footballs, basketballs, and cricket equipment.
c. Board Games and Puzzles: This includes board games and puzzles that offer intellectual challenges and hours of amusement.
Example: Funskool offers a variety of popular board games, including classic and educational options.
d. Gymnastic and sporting articles: This includes Equipment for gymnastics and sports like vaulting horses, parallel bars, and weightlifting machines.
Example: Gold’s Gym offers fitness equipment and accessories for gym enthusiasts.
e. Christmas tree decorations: This covers Ornaments and accessories used to decorate Christmas trees (excluding electric lighting).
Example: Trinity Christmas is a brand known for its range of Christmas decorations and festive items.
Inclusions and Exclusions under Trademark Class 28
Trademark Class 28 covers a wide range of products as discussed above. Below is a detailed breakdown of the specific items included and excluded from this classification.
Specific Inclusions in Trademark Class 28:
✔ Amusement and game apparatus, including controllers therefor.
✔ Novelty toys for playing jokes and for parties, for example, carnival masks, paper party hats, confetti, party poppers, and Christmas crackers.
✔ Hunting and fishing tackle, for example, fishing rods, landing nets for anglers, decoys, and hunting game calls.
✔ Equipment for various sports and games.
Specific Exclusions in Trademark Class 28:
✘ Christmas tree candles (Class 4), electric lights for Christmas trees (Class 11), confectionery and chocolate decorations for Christmas trees (Class 30).
✘ Diving equipment (Class 9).
✘ Sex toys and love dolls (Class 10).
✘ Clothing for gymnastics and sports (Class 25).
✘ Certain gymnastic and sporting articles, for example, protective helmets, goggles, and mouthguards for sports (Class 9), sporting firearms (Class 13), gymnasium mats (Class 27), as well as certain fishing and hunting equipment, for example, hunting knives, harpoons (Class 8), hunting firearms (Class 13), commercial fishing nets (Class 22), that are classified according to other functions or purposes.
Steps involved in registering Trademark under Class 28
Initial Trademark Search for Trademark Class 28
Before starting with the registration process under Trademark Class 28, a detailed Trademark Search is required to be conducted to ensure that the proposed trademark is unique and does not conflict with existing trademarks under Trademark Class 28. Search can be carried out online through the official website of the Trademarks Registry (https://tmrsearch.ipindia.gov.in/tmrpublicsearch).
Prepare and Draft the Trademark Application for Trademark Class 28
For preparing and drafting the trademark application form (TM-A), the following information and documents are required to be collated:
- A clear representation of the trademark
- Details of the applicant, including name, address, and nationality
- Description of goods or services associated with the trademark
- Date of first use (if applicable)
- Power of Attorney (if filed through an attorney)
- Digital Signature of the Applicant
The application can be filed online through the official website or a physical application can be submitted at the nearest Trademarks Registry office.
Submit the Application for Trademark Class 28
The trademark application can be submitted online or offline by paying the requisite fees. The fee varies depending on whether you’re an individual, a startup, a small enterprise, or a large corporation.
Examination by the Trademarks Registry
The Trademarks Registry will review the application to ensure it complies with the relevant laws and regulations. They will assess the distinctiveness of the mark, potential conflicts, and other requirements.
Publication in the Trademarks Journal
If the Registrar finds no objections or issues with your application, your trademark will be published in the Trademarks Journal. This publication allows interested parties to oppose the registration within a specific period (usually four months).
Objection and Opposition Period
During the publication period, objections or oppositions can be filed by third parties against the proposed trademark. If an objection is filed, the opportunity to respond shall be granted.
Registration Certificate of Trademark Class 28
If there are no valid objections or if you successfully resolve any objections, the Registrar will issue a Certificate of Registration for trademark under Class 28. This certificate confirms your exclusive rights to the mark within Trademark Class 28.
Detailed List of goods classified under Trademark Class 28
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Conclusion on Trademark Class 28
Trademark Class 28 is the main area where imagination and physical skills come alive covering products such as games, playthings, sports equipment, gymnastic gear, and Christmas tree decorations. As innovation continues to shape the world of toys and sporting goods, proper classification and trademark protection under Class 28 are vital for establishing brand recognition and reliability.
For businesses operating in the Toys and Sporting Goods industry, securing a trademark in Class 28 is essential to distinguish themselves in a competitive market and reflect the brand’s commitment to providing products that inspire joy, skill development, and active engagement. To explore other trademark classes, refer to the ” Trademark Class List 1 to 45 ” Ensure your trademark is protected with expert assistance from Registration Arena.
Contact us today to start the Trademark Registration process in India smoothly and efficiently.
