What is Trade Mark Class 28?
Emily Young
Protecting your business’ intellectual property (IP) is a key part of your business’ success. Your brand is the very core of your business, so you must protect it. This means protecting elements of your brand with a trade mark, which provide you with exclusive rights to the use of your trade mark.
The trade mark registration process is lengthy. One of the first steps (and perhaps one of the most important) is to select a relevant class of goods or services. One of these classes is trade mark class 28, which covers a range of sporting, amusement and hobby goods.
To help you navigate the trade mark class process, this article will take you through what trade mark classes are, why they are important and provide some examples of trade mark class 28.
What Are Trade Mark Classes?
Trade mark classes refer to the different categories of trade marks. When making a trade mark application, you will be required to select one or more trade mark classes that you will use your trade mark for. Your trade mark is only protected under the class or classes you select, making it important that you choose the right trade mark class.
Australia uses the internationally recognised Nice registration system, which divides 45 classes into 34 goods and 11 services. You can search the Nice classification system here.
What is Included in Trade Mark Class 28?
Trade mark class 28 covers a number of categories of goods across amusement and hobbies. Class 28 covers games, sporting goods, fishing equipment and Christmas tree decorations.
For more examples of what trade mark class 28 includes, refer to the table below:
| Sporting equipment | • mountaineering equipment; • pool tables and cues; • cricket bags; • fencing equipment; • golf clubs and bags; • gymnastics equipment; • sports nets; • shin guards and other protective equipment; • skis and snowboards; • surfboards; • trampolines; and • swimming equipment, including flippers and kickboards |
| Fishing equipment | • fishing bait (article); • fishing tackle; • fishing rods, reels and lines; and • scent lures |
| Christmas trees and decorations | • Christmas trees (artificial); and • Christmas tree ornaments (excluding lights) |
| Toys | • balls for games; • dolls and their associated clothes and houses; • stuffed toys; • jigsaw puzzles; • checkers and chess; • playing cards; • pet toys; and • video game consoles and controllers |
What is Not Included in Trade Mark Class 28?
Trade mark class 28 appears to consist of an assortment of random items. This can make it difficult to distinguish if your product should be classified under class 28. The following items are not under trade mark class 28:
| Sporting equipment | • diving equipment • sport clothing |
| Fishing equipment | • fishing nets |
| Christmas trees and decorations | • electronics for Christmas trees; • Christmas tree candles; and • food for Christmas tree decorating (e.g. candy canes) |
Related Trade Mark Classes
If your product appears to fit under trade mark class 28, but you wish to ensure that it is fully protected, you should consider similar trade mark classes that may apply to your product. The classes relating to trade mark class 28 include class:
- 9, computers and scientific devices;
- 16, paper goods;
- 20, furniture;
- 25, clothing;
- 35, advertising and business services;
- 41, education and entertainment services; and
- 42 science and technology services.
You can apply for a trade mark under more than one class. However, it is important to note that you will have to pay for registration per trade mark class. You also have to use your trade mark, so it is important that you only select the most relevant trade mark classes for your goods or service.
Key Takeaways
To obtain the best and most accurate trade mark protection for your goods and services, you must choose the best trade mark class for your business. Trade mark class 28 may be appropriate for your goods if your good is:
- sporting equipment;
- fishing equipment;
- Christmas tree related; or
- a toy or game.
If you need help determining the best trade mark class for your goods or service or need more general trade mark assistance, get in touch with our experienced trade mark lawyers. You can contact them on 1300 657 423 or by filling out the form on this page.
Frequently Asked Questions
Trade mark classes refer to the categories of goods and services available to classify your trade mark. These classes are important because they determine your trade mark protection scope, with your trade mark only having protection under the class of goods or services you register your trade mark under.
Trade mark class 28 is a broad trade mark class largely covering sporting and hobby goods. Trade mark class 28 might be relevant to your business if your trade mark is for a good that is sporting equipment, fishing equipment, Christmas tree related or a toy.