What Is Nice Class 28?
Nice Class 28 is the trademark classification for toys, games, and sporting goods. It covers playthings of every kind — dolls, action figures, building sets, plush toys, ride-on toys — along with board games, card games, puzzles, and other physical games, plus sporting equipment and gear. It is the class of the toy aisle and the sporting-goods store.
The defining boundary, and the one that confuses almost every founder, is the split between physical and digital games. A board game, a deck of cards, or a jigsaw puzzle is Class 28. A video game or computer game is not — software belongs in Class 9 and the gaming or entertainment service belongs in Class 41. Getting this wrong is the single most common misfile in the toy and game space.
What Class 28 Covers
- Toys, dolls, action figures, and plush toys
- Building blocks, construction sets, and model kits
- Board games, card games, dice games, and tabletop games
- Puzzles, jigsaw puzzles, and brain teasers
- Ride-on toys, scooters (as toys), and playground equipment
- Sporting goods: balls, bats, rackets, gloves, and athletic equipment
- Fishing tackle, and certain gymnastic and exercise apparatus
- Party novelties, decorations, and crackers
Excluded: video and computer games (Class 9 software / Class 41 services), athletic clothing and footwear (Class 25), and many exercise machines that are treated as Class 28 sporting apparatus only in specific cases. The "is it a game?" question always splits along the physical-versus-digital line first.
Boundary note: A modern board game with a companion app is a multi-class product. The physical game is Class 28, the app is Class 9, and any online play service is Class 41. Tabletop publishers increasingly file all three to cover the hybrid product.
Character Names, Licensing, and Layered Protection
Toys and games are unusually licensing-heavy, which makes class strategy more complex. A toy line based on a film character involves the character name (often protected across multiple classes by the rights holder), the toy product itself (Class 28), and frequently entertainment and merchandising rights (Class 41). A single popular toy can sit at the intersection of three or four registrations held by two or three companies.
For an original toy or game brand, the priority is the product name in Class 28, supported by Class 9 and Class 41 if there is any digital component. Because the toy market is crowded and seasonal — with fast product cycles and aggressive copycats — early filing and tight clearance matter. Where your name sits on the distinctiveness scale determines how easily it clears.
Notable Brands in Class 28
- Hasbro — Monopoly, Nerf, Play-Doh, Transformers, and Magic: The Gathering marks, one of the deepest Class 28 portfolios anywhere
- Mattel — Barbie, Hot Wheels, UNO, and Fisher-Price, spanning toys and games
- LEGO — the LEGO wordmark plus the protected configuration of its minifigure and brick in some jurisdictions
- Nintendo — straddles Class 28 (physical playing cards, its original 1889 business) and Class 9/41 (video games)
Pairing Class 28 With Other Classes
- Class 28 + Class 9: any toy or game with an app, electronic component, or digital version. See our Class 9 guide.
- Class 28 + Class 41: games offered as an online service, plus entertainment and merchandising. See our Class 41 guide.
- Class 28 + Class 25: a sporting-goods brand that also sells athletic apparel needs Class 25 for the clothing.
- Class 28 + Class 35: covers retail and e-commerce of the products.
Common Filing Mistakes
- Filing a video game in Class 28: the leading error — digital games are Class 9 and Class 41.
- Missing the digital companion: a physical game with an app needs Class 9 too.
- Confusing sporting goods with sportswear: equipment is Class 28, clothing is Class 25.
- Ignoring licensing conflicts: character-based toys can collide with rights held by film, TV, or game owners.
Frequently Asked Questions
Are video games in Class 28?
No. Video and computer games are not in Class 28. The game software is in Class 9, and online or downloadable game services and entertainment fall in Class 41. Class 28 is for physical games and toys — board games, card games, puzzles, and playthings. A board game with a companion app needs Class 28 plus Class 9.
What class is a board game in?
A physical board game, card game, or tabletop game is in Class 28. If the game also has a digital app or an online play platform, those components are added in Class 9 and Class 41 respectively, so modern hybrid games are often filed across all three classes.
Are sporting goods and athletic clothing in the same class?
No. Sporting goods — balls, bats, rackets, gloves, and equipment — are in Class 28. Athletic clothing and footwear are in Class 25. A sports brand that sells both gear and apparel needs registrations in both classes.
How do character-based toys get protected?
Through layered registrations. The toy product itself is protected in Class 28, the character name is often held across multiple classes by the rights owner, and entertainment and merchandising rights sit in Class 41. Licensed toys therefore involve several registrations, sometimes held by different companies, which makes clearance and licensing review essential.
Search Class 28 Before You File
Toy and game names move fast and crowd quickly, and licensing conflicts add risk on top of ordinary clearance. Use tmarkmetric to browse registered Class 28 trademarks, check what is already claimed in your category, and search the wider registry before you commit to packaging and a launch. Mapping the Class 28 / 9 / 41 strategy up front saves an expensive scramble later.