The U.S. Patent and Trademark Office (USPTO), the federal agency that manages the registration of nationwide trademarks, divides marks into 45 different "classes" of products or services. The purpose of these classes is to allow different types of businesses to register their trademarks into categories most related to their core business. After all, trademark law is designed to prevent unfair competition.
But businesses with similar names might not actually compete with one another if they operate within totally different industries. For example, consumers would not assume that a company that manufactures baseball gloves called "Perfect Fit" competes with an orthodontics company of the same name that manufactures dental braces. Both can have the same trademarks within their appropriate USPTO trademark classes, without fear of infringement.
Class 28 is a broad one, including games, playthings, gymnastic and sporting articles (like baseball gloves), decorations for Christmas trees, amusements, game, and fishing apparatuses.
For a complete listing of all goods in Class 28, see below. For more information about trademarks and federal registration, see Nolo's articles on Trademark Law.
Examples of Trademarks in Class 28
Consider POWER PRO (fishing lines), COMBAT CUBE (martial arts equipment), and HUGGALO (dolls), all good examples of common marks in Class 28.
You would not use Class 28 if you were registering:
Related or Coordinated Classes
If you are not sure whether you should register in Class 28, you might also consider the following "coordinated" classes: Class 9 - Computers and Scientific Devices, Class 16 - Paper Goods, Class 20 - Furniture, Class 25 - Clothing, Class 35 - Advertising and Business Services, Class 41 - Education and Entertainment Services, and Class 42 - Science and Technology Services.
A coordinated class is one that is related to another class, usually because the PTO has determined that applicants filing within Class 28 often file in these other classes, too.
Why use the class system? Trademark registration is based on a class system. For each class of goods or services that you register, you must pay a separate registration fee. So if you apply for a trademark for posters (Class 16) and shirts (Class 25), you must pay two fees.
You must indicate the correct class at the time you are registering a trademark. If you list the incorrect class, you must start the application process over.
Your registrations are restricted to those classes that encompass the goods or services you are already offering (as shown by the specimens you submit) or that you plan to offer (if you are registering on an intent-to-use basis). You might also need information about the class number in order to narrow a search of the PTO's trademark database.
Supplying Specimens for Class 28
If you are registering a mark that is currently being used in commerce, you must furnish a specimen of the mark as consumers see it. The specimen must show the mark as used on or in connection with the goods in commerce. A trademark specimen should be a label, tag, or container for the goods, or a display associated with the goods. A photocopy or other reproduction of a specimen of the mark as actually used on or in connection with the goods is acceptable.
In most cases, where the trademark is applied to the goods or the containers for the goods in Class 28 by means of labels, a label is an acceptable specimen. Shipping or mailing labels may be accepted if they are affixed to the goods or to the containers for the goods and if proper trademark usage is shown. They are not acceptable if the mark as shown is merely used as a trade name and not as a trademark. An example of this is the use of the term solely as a return address.
Stamping a trademark on the goods, on the container, or on tags or labels attached to the goods or containers, is a proper method of trademark affixation. The trademark may be imprinted in the body of the goods, as with metal stamping; it may be applied by a rubber stamp; or it may be inked on by using a stencil or template. When a trademark is used in this manner, photographs or facsimiles showing the actual stamping or stenciling are acceptable as specimens.
The terminology "applied to the containers for the goods" means applied to any type of commercial packaging that is normal for the particular goods as they move in trade. Thus, a showing of the trademark on the normal commercial package for the particular Class 28 goods is an acceptable specimen. For example, gasoline pumps are normal containers or "packaging" for gasoline.
A specimen showing use of the trademark on a vehicle in which the goods are marketed to the relevant purchasers may constitute use of the mark on a container for the goods, if this is the normal mode of use of a mark for the particular goods.
Complete Listing of All Goods in Class 28 Based on Taxonomy
Here's what you'll find in Class 28.
- Sporting articles and equipment, archery implements, ascenders [mountaineering equipment], bags especially designed for skis and surfboards, baseball gloves, batting gloves [accessories for games], billiard cues, billiard cue tips, billiard tables, bladders of balls for games, bob-sleighs, body boards, body-building apparatus/body-training apparatus/body rehabilitation apparatus, bowling apparatus and machinery, bows for archery, boxing gloves, chest expanders [exercisers]/exercisers [expanders], clay pigeon traps, clay pigeons [targets], climbers' harness, coin-operated billiard tables, cricket bags, discuses for sports, divot repair tools [golf accessories]/pitch mark repair tools [golf accessories], dumb-bells/bar-bells, edges of skis, elbow guards [sports articles], electronic targets, fencing weapons, fencing masks, fencing gauntlets/fencing gloves, gloves for games, golf clubs, golf bags, with or without wheels, golf gloves, gut for rackets, appliances for gymnastics, hang gliders, harness for sailboards, hockey sticks, ice skates, in-line roller skates, knee guards [sports articles], masts for sailboards, men's athletic supporters [sports articles], nets for sports, paintball guns [sports apparatus], paintballs [ammunition for paintball guns] [sports apparatus], paragliders, machines for physical exercises, poles for pole vaulting, protective paddings [parts of sports suits], punching bags, rackets/bats for games, roller skates, rollers for stationary exercise bicycles, rosin used by athletes, sailboards, scrapers for skis, seal skins [coverings for skis], shin guards [sports articles], shuttlecocks, skateboards, skating boots with skates attached, ski bindings, skis, sleighs [sports articles], sling shots [sports articles], snowboards, snowshoes, sole coverings for skis, spring boards [sports articles], starting blocks for sports, stationary exercise bicycles, strings for rackets, surf boards, surf skis, surfboard leashes, tables for table tennis, targets, tennis nets, tennis ball throwing apparatus, trampolines, waterskis, wax for skis, weight lifting belts [sports articles].
- Hunting and fishing equipment, artificial fishing bait, bite indicators [fishing tackle], bite sensors [fishing tackle], butterfly nets, camouflage screens [sports articles], creels [fishing traps], decoys for hunting or fishing/lures for hunting or fishing, fish hooks, fishing tackle, floats for fishing, gut for fishing, harpoon guns [sports articles], hunting game calls, landing nets for anglers, lines for fishing, reels for fishing, rods for fishing, scent lures for hunting or fishing.
- Swimming equipment, flippers for swimming/swimming webs [flippers], swimming jackets, swimming belts, swimming kick boards.
- Festive decorations and artificial Christmas trees, bells for Christmas trees, candle holders for Christmas trees.
- Christmas trees of synthetic material, Christmas tree stands, explosive bonbons [Christmas crackers]/cosaques [toy fireworks], ornaments for Christmas trees, except illumination articles and confectionery, artificial snow for Christmas trees.
- Fairground and playground apparatus, fairground ride apparatus, slides [playthings].
- Toys, games, playthings and novelties, air pistols [toys], amusement machines, automatic and coin-operated, backgammon games, balls for games, billiard table cushions, billiard balls, billiard markers, bingo cards, board games, building blocks [toys], building games, caps for pistols [toys], chalk for billiard cues, chess games, chessboards, chips for gambling, confetti, conjuring apparatus, counters [discs] for games, cups for dice, darts, dice, dolls, dolls' feeding bottles, dolls' houses, dolls' rooms, dolls' beds, dolls' clothes, dominoes, draughtboards/checkerboards, draughts [games]/checkers [games], flying discs [toys], games, apparatus for games, gaming machines for gambling, horseshoe games, jigsaw puzzles, kaleidoscopes, kite reels, kites, mah-jong, marbles for games, mobiles [toys], novelties for parties, dances [party favors, favours], pachinkos, paper party hats, parlour games/parlor games, percussion caps [toys]/detonating caps [toys], piñatas, play balloons, playing balls, playing cards, plush toys, practical jokes [novelties], puppets/marionettes, quoits, radio-controlled toy vehicles, rattles [playthings], ring games, rocking horses, roulette wheels, scale model vehicles, scale model kits [toys], scooters [toys], scratch cards for playing lottery games, skittles [games]/ninepins, skittles, slot machines [gaming machines], snow globes, soap bubbles [toys], spinning tops [toys], stuffed toys, swimming pools [play articles], swings, tables for indoor football, teddy bears, theatrical masks, toy pistols, toy masks, toy vehicles, toys for domestic pets, toys, twirling batons, water wings/floats for bathing and swimming.
- Video game apparatus, arcade video game machines, controllers for game consoles, portable games with liquid crystal displays, video game machines.