Deciphering Class 28 of Nice classification for trademarks:
Trademark Class 28 is one of 45 NICE classifications used to identify and categorize products and/or services.
Class 28 for trademarks a brief description:
Class 28 includes games, toys, playthings, video game apparatus, gymnastic and sporting articles, and decorations for Christmas trees. Because of the quarantine during COVID-19, people became most interested in board games; this was one of the solutions to having fun while sitting at home.
Games, playthings, and novelties fall under Class 28, such as air pistols, billiard balls, cups for dice, paper party hats, stuffed toys, and toy vehicles. In addition, it includes video games, video game machines, and controllers.
Hunting and fishing equipment are part of this class, such as bite sensors, camouflage screens, and fish hooks. But certain hunting and fishing equipment do not fall under this class:
Sporting articles and equipment also form the class, including bags designed for skis and surfboards, boxing gloves, machines for physical exercise, and trampolines.
Diving equipment is not included in this class (Class 9), nor is clothing for gymnastics and sports classified under Class 25.
Protective helmets and goggles do not fall under Class 28. Moreover, sporting firearms and gymnasium mats also do not fall under Class 28, but they are respectively in Class 13 and Class 27.
Christmas trees are categorized in Class 28, however, the electric lights used on Christmas trees relate to Class 11 and chocolate decorations for Christmas trees are in Class 30.
Class 28 for trademarks header:
The Nice Class Headings describe in very broad terms the nature of the goods or services contained in each class. The Class 28 class header includes games, toys, and playthings; video game apparatus; gymnastic and sporting articles; decorations for Christmas trees.
Famous brands protected on class 28:
Hasbro, Inc.
ADP Merkur GmbH
MATTEL, Inc.
DISNEY enterprises
Spin Master Ltd.
Warner Bros. Entertainment Inc.
World Wrestling Entertainment, Inc.
Nintendo Co., Ltd.
FERRARI S.P.A.
Topgolf Callaway Brands Corp.
Trademark classes which are coordinated and similar to class 28:
When thinking of Class 28 for trademark classification, we should keep in mind that the class has multiple coordinated classes namely;
Class 4: Christmas Tree of Candle
Class 8: Hunting knives, harpoons
Class 9: Diving equipment; goggles and mouthguards for sports
Class 11: Electrical lamps for Christmas tree
Class 13: Sporting firearms; hunting firearms
Class 22: Fishing nets
Class 25: Clothing for gymnastics
Class 27: Gymnasium mats
Class 30: confectionery and chocolate decorations for Christmas trees
Class 41: Sports and fitness training services; Online gaming services
Trademark Class 28 and the Metaverse:
It is not difficult to imagine a trademark application for registration coming at some point for a virtual version of the New York Christmas Decoration, one of the most beautiful decorations in the world, or Disney Land, one of the most beautiful amusement parks in the whole world, and the childrens' dream location. Imagine how many children will want to go to and be a part of this virtual place, which may have superior features. As we are still in the early days, it's difficult to predict how the Metaverse will look. Nonetheless, the existing format presents chances for brands. According to Yonder Consulting director Ed Bolton, "It is a space that not only empowers the consumer but also gives brands greater opportunities to be creative with their positioning."
Understanding the main elements of Class 28:
Class 28 Nice Classification is divided into the subsections below:
Trademark Class 28 - Subsection - 1 -
Sporting articles and equipment
Hunting and fishing equipment
Swimming equipment
Trademark Class 28 - Subsection - 2 -
Festive decorations and artificial Christmas trees
Trademark Class 28 - Subsection - 3 -
Fairground and playground apparatus
Trademark Class 28 - Subsection - 4 -
Toys, games, playthings, and novelties
Video game apparatus