In the world of trademarks, understanding the nuances of different trademark classes is crucial for businesses looking to protect their brand identity. Trademark Class 28, which covers a wide range of recreational and sporting goods, is particularly important for businesses in the games, toys, and sports equipment industries. This guide will walk you through the essentials of Trademark Class 28, helping you navigate the registration process with confidence.
Trademark classes are an organizational system used by the United States Patent and Trademark Office (USPTO) to categorize goods and services for trademark registration. There are 45 trademark classes: 34 for goods and 11 for services. Each class groups similar items together, making the trademark registration process more straightforward and helping to reduce conflicts between trademarks that are too similar.
When filing for a trademark, choosing the right class for your goods or services is essential. The fees for trademark filing vary based on the number of classes you file under. The USPTO now charges a $350 per class base application fee. If your business spans multiple classes, you will need to pay an additional fee for each class.
Trademark Class 28 covers “Games, toys and playthings; video game apparatus; gymnastic and sporting articles; decorations for Christmas trees,” according to the Nice Classification.
This class includes a wide range of items, all centered around recreation, sports, and festive decorations.
Items in Trademark Class 28 can be quite diverse. Here are some common examples:
This includes board games like chess and backgammon, card games, role-playing games, party games, and tabletop games.
This category encompasses building blocks, toy musical instruments, plush toys, toy cars, airplanes, boats, and more.
This does not include video game software or mobile apps (which fall under Trademark Class 9), but it does include arcade video game machines, slot machines, video game consoles, and peripherals like joysticks, interactive control floor pads, gaming keyboards, gaming mice, and game controllers.
This broad category includes sport balls (such as soccer balls, baseballs, footballs, basketballs, and related equipment), boxing gloves, inline roller skates, sports training apparatus, and protective gear like hand wraps, elbow pads, and knee pads.
Examples include fishing rods, landing nets for anglers, decoys, and hunting game calls.
This includes ornaments, stockings, Christmas tree stands and skirts, and artificial Christmas trees.
Some items that seem like they should be in Trademark Class 28 are actually classified differently:
Electric lights for Christmas trees are in Trademark Class 11, Christmas wrapping paper and cards are in Trademark Class 16, and live Christmas trees are in Trademark Class 31.
Sports helmets, sports eyewear, and sport whistles are in Trademark Class 9. Gymnastic mats, judo mats, and yoga mats are in Trademark Class 27.
Fishing line cutters, fishing pliers, and fishing and hunting knives are in Trademark Class 8. Riding saddles for hunting and hunting crops are in Trademark Class 18. Hunting and fishing apparel, like jackets, shirts, pants, boots, and waders, fall under Trademark Class 25.
Before you file for a trademark, conducting a comprehensive trademark search is vital. This step ensures that your chosen trademark is unique and does not infringe on existing trademarks. For goods in Trademark Class 28, this is particularly important due to the wide variety of items covered under this class.
A comprehensive trademark search involves several databases. The federal trademark search checks the USPTO database for registered and pending trademarks. The state trademark search reviews state trademark databases since many businesses only register at the state level. Finally, a common law search investigates unregistered trademarks through business directories, industry publications, and online platforms. Common law rights arise from actual use in commerce, even without formal registration.
The search process is not just about finding identical marks but also identifying similar ones in sound, appearance, or meaning. It also requires consideration of related goods and services. They don’t have to be identical; they just need to be related in a way that might confuse consumers about the source.
Given the complexity and importance of a thorough search, it’s highly recommended to seek out a professional trademark search company. Experts, like TradeMark Express, can ensure that your search is comprehensive and accurate, significantly reducing the risk of future legal issues. By leveraging our expertise, you can have confidence that your trademark application stands the best chance of success.
A trademark specimen is a real-world example demonstrating the trademark’s use on or in connection with the goods or services.
For goods in Trademark Class 28, acceptable specimens include:
For instance, a soccer ball with the trademark visibly printed on it.
A tag attached to a toy car that includes the trademark, net weight, volume, UPC bar codes, lists of contents or ingredients, or other information typically found on such labels.
The packaging for a video game console that prominently displays the trademark and other product information.
This could be a retail display featuring Christmas tree ornaments with the trademark visible.
An online store listing for fishing rods that includes the trademark, with the URL and date of access included in the screenshot or printout.
In conclusion, understanding Trademark Class 28 is essential for businesses involved in the production and sale of games, toys, sporting goods, and Christmas decorations. By conducting a thorough trademark search and providing proper specimens, you can secure and protect your trademark, ensuring your brand stands out in a crowded market.
If you’re preparing to register a trademark for goods in Trademark Class 28, consider using TradeMark Express for your trademark search. Our comprehensive services will help you navigate the complexities of trademark registration with confidence.
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