Intellectual Property Law

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 1317 accepted descriptions that fit into IC 28; check them out here.

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

Full post as published by TradeMark Express: A Daily Blog on August 10, 2009 (boomark / email).