Nice Classification
Class 28 — Toys & sporting goods
goodsGames, toys, and sporting and gymnastic articles.
Is your brand in Class 28?
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Filing in Class 28
Video games and mobile games are downloadable software and belong in Class 9 (or Class 41 for the entertainment service), not here — this class is physical toys, board games and sporting equipment only, a distinction that catches a lot of gaming-adjacent applicants off guard.
The USPTO charges a base application fee of $350 per class under the current fee schedule (as verified on 2026-07-07) — Class 28 is billed the same as every other class. Standard base fee under the 2025 fee schedule, filed via the USPTO Trademark Center. To keep that base fee, use pre-approved wording from the USPTO’s ID Manual to describe your goods rather than a custom description, which triggers a surcharge. See the full USPTO fee schedule for current figures.
In practice, businesses filing in Class 28 often also need Class 41 (Education & entertainment) and Class 25 (Clothing & footwear) — run a search across all of them before filing, not just this one.