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Trademark International Class: Class 28 (Toys and sporting goods)

Written by: Shannon Moore

Article Overview: All goods or services are categorized within International Classes (IC hereafter). Goods run from classes IC 1-34, while Services are in IC 35-45. Let's take a closer look at one of these trademark classes – class 28.

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Trademark International Class: Class 28 (Toys and sporting goods)

All goods or services are categorized within International Classes (IC hereafter). Goods run from classes IC 1-34, while Services are in IC 35-45. Let's take a closer look at one of these trademark classes - class 28. What is International Class 28 All About?

Each class has a short title heading that gives a snapshot of what that class is all about -- IC 28's short title is toys and sporting goods. But, as with anything trademark, there's more to it than that. The USPTO has about 1300 accepted descriptions that fit into IC 28.

This class is fairly straightforward -- essentially almost any tangible item that's used in play or as part of a sport is going to be living here. This includes things like balls, bats, paddles, rackets, nets, poles, boards, pucks, sticks, clubs and on and on. Bags for specific sports are in this class, while all-purpose sporting bags are in IC 18.

Almost (emphasis on this word) any toy you can think of is going to be in this class. There are some exceptions for different products that you'd think would fall into this class - video games are in IC 9 but hand held and stand alone video games machines are in IC 28; arts and craft kits are in IC 16; costumes are in IC 25 while masks are in IC 28.

What Else is in International Class 28?

Seems like with any of these trademark classes, there always seems to be the oddball item or two and IC 28 is no exception. Here are a few items living in IC 28 that seem a bit weird:

• aquatic canine treadmill

• Christmas tree ornaments, decorations and stands

• confetti

• lottery cards and tickets

What's New for International Class 28?

The classification guide is constantly being updated with new goods or services. As the marketplace changes, the trademark office must adapt. Here are some of the 2009 listings for international class 28, good plus date added to the guide:

• Amusement devices, namely, bounce houses in the nature of an air inflated cushion in an air inflated structure 23 Apr 09

• Arm bands for designating team member positions in sports activities 30 Apr 09

• Educational toys in the nature of an illustrated wall map 08 Jan 09

• Game equipment set sold as a unit comprised primarily of a playing board and playing cards and also including rules of play, dry erase boards and erasers, markers, a timer and T-shirts 25 Jun 09

Related Articles
  Trademark International Class: Class 18 (Leather goods)
  Trademark International Class: Class 14 (Jewelry)
  Trademark International Class: Class 36 (Insurance and Financial Services)
  Trademark International Class: Class 20 (Furniture and articles not otherwise classified)
  Trademark International Class: Class 16 (Paper goods and printed matter)

Home > Starting-A-Business > Shannon Moore > Trademark International Class Class 28 Toys and sporting goods
Article Tags: arts and craft, bats, christmas tree ornaments, classification guide, closer look, confetti, costumes, craft kits, different products, exceptions, games machines, lottery cards, masks, paddles, snapshot, specific sports, trademark classes, trademark office, treadmill, uspto

About the Author: Shannon Moore
RSS for Shannon's articles - Visit Shannon's website

Shannon Moore is the General Manager for TradeMark Express. Since 1992, TradeMark Express has met the needs of their clients with comprehensive research, application preparation, attorney referrals and trademark consultation. For further details, please visit us on the web at TradeMark Express or call Shannon directly at 800.340.2010.

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Same Name, Different Class Same Name, Different Class - Don't despair the lack of response as your entry posted on a Saturday when many here are not reviewing the Board. It matters less that like marks are assigned to the same class as much as it does whether their goods/services are the same or confusingly similar. Classes are used to determine filing fees. The same goods and services are often mentioned in multiple classes. "Clothing", for instance, is mentioned in 17 different classes of goods and services at the PTO. What's important is that the goods/services you are offering under your mark are not the same goods/services the medical company is offering under theirs. If there is no confusion of use in the marketplace, then there should be no problem with using the exact same mark. If, however, there is another entity already using the same mark with the same goods/services, then you may have a problem. I am not an attorney so you might want to consider having an attorney order a full, international trademark search from a qualified search entity, such as T&T, CT research or NameProtect, to make sure your mark is truly available for use and registration. It's $1K+ well spent when you consider what you will be investing in your mark to get your goods into production and distribution. Well, I filed an application online so let's see what happens. Thank you for taking the time to respond
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