If you have an identifying mark or symbol for your company, you can protect it with a trademark. A trademark is a legally registered symbol, word, or phrase that identifies a company.
If you trademark your company’s identifying marks, you can protect them from being used by anyone else.
You apply for a trademark with the United States Patent and Trademark Office (USPTO).
The USPTO divides trademarks into 45 different classes, each representing a different category of products or services provided.
In this article, we will discuss Trademark Slass 28, which protects businesses that sell games and sporting goods.
Why are there Trademark Classes?
First, the purpose of creating different trademark classes is for the purpose of organization.
Thousands of trademarks exist in the U.S., and companies submit more applications every day. The trademark classes allow the USPTO to organize the many trademarks into categories.
Second, the trademark classes allow different types of businesses to register under the same name, as long as they are in different classes and industries.
For example, even if there is already an energy bar trademark for the name "Quest," a travel agency can still register under the same name since they're in a different industry and class.
The USPTO can approve both trademarks because they are not in competition with each other.
In the example above, the likelihood that consumers will be confused about who makes the product or provides the service is very low.
You will have to declare which class you are filing under when you fill out your application.
You may file under two or more classes (for instance, if your company makes leather furniture and leather clothing), but you will have to pay the filing fee for each class.
Trademark Class 28
Trademark Class 28 generally covers all forms of branding related to games, sporting goods, and gymnastic equipment.
Toys and Games
Most trademarked toys and games fall under this classification, from board games like Monopoly to arcade and video games.
A few additional examples of products which might require a Class 28 trademark are:
- Frisbees
- Kites
- Marbles
- Plush toys
- Remote controlled cars
- Dolls
- Pet toys
- Pachinko and roulette wheels
Sporting Equipment
Most types of indoor and outdoor sporting equipment also appear on this list.
From water sports like fishing and surfing to other sports like snowboarding, soccer, and football, you'll find most sporting equipment in Class 28.
Class 28 also covers all forms of:
- Mountaineering equipment
- Track and field equipment (starting blocks, pole vaulting poles, shot put, etc.)
- Cricket, baseball, tennis, and hockey equipment
- Knee pads, elbow pads, shin guards, and men’s athletic supporters
- Hang gliders, sailboards, and masts
- Trampolines
- Swimming equipment
Trademark Class 28 also includes most equipment used for indoor sports as well.
This means bowling balls, billiards, ping pong paddles, and weight lifting/exercise machines all fall under this category as well.
Finally, Class 28 also includes most types of playground equipment that you'd find in a backyard or at a park.
Related Items that Class 28 Doesn't Cover
Sometimes it’s hard to tell which class your product or service falls under. If you aren’t sure whether your trademark falls under Class 28, consider a couple of these related classes:
- Class 9 covers most forms of diving equipment, which are categorized as "scientific devices."
- Since fishing nets are made from ropes or other textiles, they instead fall under Class 22.
- Class 25 covers most forms of clothing, so sports uniforms, bathing suits, and gymnastics leotards would appear there instead.
Conclusion
Trademark Class 28 generally covers all sporting goods and game equipment. If you business produces any of these goods, you'll want to consider registering under this class.
