Trademark Class 28: Toys and sporting goods — What It Covers, With a Live Count
Short answer
Trademark class 28 covers games, toys, playthings, video game apparatus, gymnastic and sporting articles, and decorations for Christmas trees. It is a goods class, and as of September 14, 2026 it holds 175,832 live US marks, 3.7% of the register, ranking 7 of 45 by size. A registration in class 28 protects the name only for these goods; the same name can be, and often is, registered by an unrelated business in another class.
Class 28 is a large class, with 175,832 live marks out of 4,796,936 across all 45 classes. A live mark is one that is registered or pending; the count is computed from USPTO bulk data by each mark's primary class and refreshed daily.
Class 28 covers the physical game and the physical equipment. A board game is 28; the app version is 9; running an online tournament is 41. A game console is 28 by convention while the games on it are 9, which is why console makers hold both. Bicycles are 12, not 28, and yoga mats are 27.
What files in class 28
| Typically in class 28 | Examples of businesses |
|---|---|
| toys, dolls, and plush | toy companies |
| board games, card games, and puzzles | board game publishers |
| video game consoles and controllers | sports equipment brands |
| sports equipment: balls, bats, rackets, gloves | fitness equipment makers |
| fitness equipment | video game hardware companies |
| fishing tackle | |
| playground equipment | |
| Christmas ornaments | |
| drones and RC vehicles (toy) |
The USPTO's ID Manual lists the accepted descriptions for class 28. Choosing one of them keeps the filing fee at $350 per class; a custom description costs $550. See what a trademark costs.
What is not in class 28
| Looks like class 28, but is | Class |
|---|---|
| downloadable video games and game software | 9 |
| online gaming services | 41 |
| athletic clothing and shoes | 25 |
| yoga mats | 27 |
| gyms and fitness instruction | 41 |
| bicycles | 12 |
The class follows the product, not the industry. A business in this field will often need one of the classes above as well as class 28; the second class is a second filing fee, and a registration in one does not cover the other.
Coordinated classes
The USPTO searches class 28 together with these classes when it examines an application, because confusion between them is common. A live mark in a coordinated class can block a class 28 application, and a class 28 mark can block one of these.
A near match in a coordinated class is worth reading closely. A near match anywhere else on the register is usually not. See is my name trademarked for how to read one.
How crowded class 28 is
| Live marks in class 28 | 175,832 |
| Share of the 45-class register | 3.7% |
| Rank by size | 7 of 45 |
| As of | September 14, 2026 |
A crowded class means more near matches to read through, and a higher chance that one of them is in your actual field. With this many live marks, a coined name of five or six letters will almost always have a neighbour somewhere in the class; the question is whether the goods overlap.
Before you file in class 28
- Confirm the goods are actually class 28 against the USPTO ID Manual, not against the industry the business is in.
- Check the neighbouring classes in the table above for anything the business also sells or does.
- Search the name on Silvol and read every live match by class: class 28 and its coordinated classes matter; others usually do not.
- Budget per class. Each class is $350 to file and $650 every ten years to maintain.
Common questions
What is trademark class 28?
Class 28 is the Nice classification for games, toys, playthings, video game apparatus, gymnastic and sporting articles, and decorations for Christmas trees. It is one of the 34 goods classes (1–34), and it currently holds 175,832 live US marks.
What does class 28 cover?
Games, toys, playthings, video game apparatus, gymnastic and sporting articles, and decorations for Christmas trees. The USPTO's ID Manual has the full list of accepted descriptions; the examples above are the common ones.
How much does it cost to trademark in class 28?
$350 in USPTO fees for a clean electronic application using an ID Manual description, $550 with a custom description, plus $650 per class every ten years to maintain. Attorney fees, if any, are on top.
Is class 28 crowded?
It holds 175,832 live marks, 3.7% of the register, ranking 7 of 45. That is above average.
Can two businesses have the same name in class 28?
Not for similar goods. Two marks in the same class for overlapping goods or services will conflict. The same name in an unrelated class usually will not.
What are the coordinated classes for class 28?
9, 16, 25, 35, 41. The USPTO searches these together with class 28 because confusion across them is common.
Keep reading
- All 45 trademark classes, with live counts
- Is my name trademarked? How to read a match by class
- How much does a trademark cost, per class
Silvol checks a name against live US federal trademarks and the .com zone. It is not a law firm, does not clear names for use, and does not cover state registrations or unregistered marks. Class counts are computed from USPTO bulk data by primary class and refreshed daily.
Register counts as of September 14, 2026. Silvol is not a law firm and does not clear names for use.