Most traditional toys and games fall within International Class 28, but a toy or children’s brand may need additional trademark classes depending on the actual products and services offered under the mark.
As of January 1, 2026, the USPTO uses the Nice Classification, Thirteenth Edition, version 2026. Under the current classification system, Class 28 covers games, toys and playthings, video game apparatus, gymnastic and sporting articles, and certain related products.
Class 28 does not, however, cover every product marketed to children.
A downloadable children’s game can fall in Class 9. Printed children’s books can involve Class 16. Backpacks can fall in Class 18. Furniture can fall in Class 20. Drinkware can involve Class 21. Clothing for children generally falls in Class 25. Retail services can involve Class 35. Educational, entertainment, and online gaming services can involve Class 41. Software-development services can involve Class 42.
The correct trademark class therefore depends on what the customer actually receives under the trademark, not simply on the fact that the business is a toy company or that its customers are children.
Key Takeaways
Class 28 is the principal class for many physical toys and games. It covers traditional toys, playthings, game apparatus, and numerous sporting and amusement products.
There is no single children’s-products trademark class. The same character brand might appear on a Class 28 toy, Class 25 shirt, Class 18 backpack, Class 16 book, Class 21 cup, and Class 41 entertainment service.
Technology does not automatically move a toy into Class 9. Current Nice guidance expressly distinguishes toy robots and smart toys in Class 28 from other technological products in Class 9.
More classes are not automatically better. Applicants must actually use the mark, or possess a bona fide intent to use it, for all goods and services claimed.
The USPTO currently charges a base application fee of $350 per class for qualifying Section 1 and Section 44 applications. Additional application fees can apply depending on how the identification is prepared.
What Is International Class 28?
International Class 28 is the primary trademark class for many traditional toys, games, and playthings.
The current 2026 Nice Classification identifies Class 28 as covering games, toys and playthings, video game apparatus, gymnastic and sporting articles, and decorations for Christmas trees. Its explanatory note states that the class mainly includes toys, apparatus for playing games, sports equipment, amusement items, and novelty products.
Depending on the specific product, Class 28 can commonly include products such as dolls, action figures, toy vehicles, construction toys, plush toys, puzzles, board games, card games, play sets, and other products principally intended for play.
The application still needs to identify the actual goods accurately.
The words “Class 28” do not replace the required identification of what the company actually sells.
Can You Simply List “Toys” in a Trademark Application?
The safer approach is to identify the actual products as accurately and specifically as possible.
The USPTO states that identifications must be specific, definite, clear, accurate, and concise. It maintains the Trademark ID Manual to provide acceptable descriptions and classifications for particular goods and services.
For example, a business selling plush animals, board games, and toy construction sets should determine the appropriate accepted wording for those actual goods rather than assuming one broad description provides the best filing strategy.
The Trademark ID Manual is especially useful for unusual toys and technology-enhanced products because it reflects current USPTO classification practice.
Is Every Children’s Product in Class 28?
No.
There is no international trademark class called “children’s products.”
Classification follows the nature, function, or purpose of the actual product or service.
A child may use a toy in Class 28, wear clothing in Class 25, carry a backpack in Class 18, read a printed book in Class 16, use downloadable software in Class 9, sit on furniture in Class 20, drink from a cup in Class 21, and participate in entertainment or educational services in Class 41.
The age of the customer does not determine the international class.
This is one of the most important classification principles for businesses developing children’s lifestyle brands.
Are Smart Toys in Class 9 or Class 28?
Smart toys can remain in Class 28 when their principal function is still play.
This is a particularly useful example because connected products can look like technology products while remaining toys for classification purposes.
Current Nice guidance expressly distinguishes smart products according to their principal function and gives smart toys in Class 28 as an example. The same current guidance distinguishes toy robots in Class 28 from industrial robots in Class 7, surgical robots in Class 10, and various technological or teaching robots in Class 9.
A toy containing Bluetooth connectivity, electronic sensors, artificial intelligence features, or other sophisticated technology therefore does not automatically move into Class 9.
The fundamental question is what the finished product actually is.
If its principal commercial function remains play, Class 28 may remain appropriate.
What Class Is a Toy Robot?
A toy robot generally falls within Class 28.
Current Nice Classification guidance specifically identifies toy robots as Class 28 goods while distinguishing them from industrial, surgical, laboratory, teaching, security-surveillance, and other robots classified elsewhere according to their purpose.
This illustrates why toy companies should not classify products based merely on the technology inside them.
A sophisticated robotic toy can remain a toy for trademark-classification purposes.
What Class Is Downloadable Game Software?
Downloadable computer game software generally falls within Class 9, not Class 28.
Current Class 9 includes recorded and downloadable multimedia files and computer software.
This distinction frequently matters when a traditional toy or tabletop-game company expands digitally.
Suppose a company initially sells a physical board game in Class 28 and later develops a downloadable mobile version.
The physical game and downloadable software can require different classes even though both use the same trademark.
Are Video Games in Class 9 or Class 28?
It depends on what is actually being offered.
Class 28 includes video game apparatus, while Class 9 includes recorded and downloadable computer software and digital media.
A physical gaming apparatus may therefore involve Class 28.
Downloadable video game software can involve Class 9.
The phrase “video game” alone is not specific enough to determine the class without understanding the commercial product.
What Class Covers Online Gaming Services?
Providing online gaming services generally involves Class 41.
Current Nice Classification guidance expressly includes online gaming services within Class 41, which covers education, training, entertainment, sporting, and cultural activities.
A modern gaming brand could therefore potentially operate across:
Class 28 for physical game products.
Class 9 for downloadable game software.
Class 41 for online gaming or entertainment services.
The same trademark can appear in several classes because the business provides several different commercial offerings.
What Trademark Class Covers Children’s Books?
Printed children’s books generally involve Class 16.
Current Class 16 covers printed matter as well as stationery, drawing materials, instructional and teaching materials, and various paper goods.
This becomes particularly important for toy companies with character-driven brands.
A character may begin on a Class 28 toy and later appear in storybooks, coloring books, activity books, or other printed publications.
A Class 28 registration for the toy does not automatically become direct federal registration coverage for printed books merely because the same character appears on both.
Are Coloring Books and Activity Books in Class 16?
Printed coloring books and activity publications can generally involve Class 16 because that class encompasses printed matter, drawing materials, and instructional and teaching materials.
The precise identification should still describe the actual goods.
Companies should avoid treating every educational or activity product identically because a printed workbook, downloadable educational program, toy model, and educational service can belong in different classes.
Are Educational Toys Still Class 28?
They can be.
Calling a product “educational” does not determine its classification.
Current Nice guidance distinguishes instructional and teaching materials in Class 16 and various teaching apparatus in Class 9 from toy models in Class 28.
A STEM construction toy may remain a Class 28 toy even though parents purchase it partly for educational value.
A printed STEM workbook may involve Class 16.
Downloadable STEM software may involve Class 9.
Providing STEM instruction may involve Class 41.
The company should describe the actual commercial offering rather than rely on the umbrella phrase “educational product.”
What Trademark Class Covers Children’s Clothing?
Clothing, footwear, and headwear for human beings generally fall within Class 25.
The current Class 25 heading expressly covers clothing, footwear, and headwear, and the explanatory note states that the class mainly includes those goods for human beings.
A toy or character company selling children’s T-shirts, sweatshirts, costumes, pajamas, hats, footwear, or other apparel may therefore need to consider Class 25.
Its Class 28 toy registration does not automatically provide direct registration coverage for those apparel products.
Are Doll Clothes in Class 25?
No. Doll clothes are specifically excluded from Class 25 and classified in Class 28.
Current Nice guidance expressly distinguishes clothing for human beings in Class 25 from dolls’ clothes in Class 28.
This produces a useful example.
A company could sell a doll in Class 28, clothing for that doll in Class 28, and a matching T-shirt for the child in Class 25.
All three products can carry the same trademark while requiring different classification analysis.
What Trademark Class Covers Children’s Backpacks?
Backpacks and school bags generally involve Class 18.
The current Class 18 heading covers luggage and carrying bags, and its explanatory note specifically includes school bags.
A character franchise selling branded school backpacks therefore may need Class 18 even though the merchandise is designed exclusively for children.
Again, the target customer does not determine the trademark class.
The commercial nature of the product does.
What Trademark Class Covers Children’s Furniture?
Furniture generally falls within Class 20.
Current Class 20 covers furniture, mirrors, picture frames, and certain containers for storage or transport.
A children’s table, chair, bed, bookcase, or playroom storage unit may therefore fall within Class 20 when the product’s principal function is furniture.
A tiny chair designed as a toy accessory for a doll could present a different result.
Classification turns on what the finished item actually does.
What Trademark Class Covers Children’s Cups and Drinkware?
Many household and kitchen utensils and containers fall within Class 21.
The current Nice Classification states that Class 21 includes household and kitchen utensils and containers, cookware, tableware, glassware, porcelain, and related products. Its examples include bottles and piggy banks.
A toy or character franchise expanding into children’s cups, bottles, plates, or similar household merchandise may therefore need to evaluate Class 21.
The fact that the product features a cartoon character or is sold alongside toys does not make it a Class 28 toy.
What Class Covers Children’s Stationery and Printed Merchandise?
Many printed and paper products can involve Class 16.
Depending on the precise item, this can include printed matter, stationery, drawing materials, instructional materials, and other paper-related goods.
A character company might therefore have Class 16 products such as printed books, activity materials, notebooks, or other printed merchandise while maintaining its original toys in Class 28.
“Merchandise” is not a trademark class.
Each merchandise category needs to be evaluated according to the actual product.
Does Selling Toys Mean the Company Needs Class 35?
Not automatically.
The sale of a company’s own goods does not itself create a separate registrable retail service merely because customers can purchase those products.
Current USPTO guidance states that, for classification purposes, the sale of goods is not considered a service. The USPTO also explains that “sales,” “retail sales,” and “wholesale sales” are not acceptable service identifications by themselves.
Class 35 can, however, cover retail and wholesale services that bring together goods for customers to conveniently view and purchase. Current Class 35 guidance expressly includes those services through physical stores, wholesale outlets, mail-order catalogs, websites, and other electronic media.
A toy manufacturer selling its own product therefore should not automatically add Class 35.
A separately branded retail store or marketplace business may present a stronger Class 35 case.
What Is the Difference Between a Toy Brand and a Retail Store Brand?
The two marks may perform different trademark functions.
Suppose BRIGHTSPARK identifies toys manufactured by one company.
The same company operates an online marketplace called KIDSHAVEN that brings together toys from many manufacturers for customers to purchase.
BRIGHTSPARK may primarily function as a trademark for goods.
KIDSHAVEN may function as the source identifier for retail-store services.
The company’s federal portfolio should reflect those actual commercial roles rather than placing every company trademark in every class used somewhere within the organization.
What Trademark Class Covers Children’s Entertainment?
Entertainment and educational services generally involve Class 41.
The current Class 41 heading includes education, training, entertainment, sporting activities, and cultural activities. It expressly includes online gaming services and numerous forms of educational and entertainment activity.
A toy character that becomes an entertainment property may therefore move beyond its original Class 28 registration.
A company may eventually operate live shows, online games, entertainment events, educational programs, or other services under the same character mark.
Those activities should be evaluated separately from the underlying toys.
What Trademark Class Covers Educational Programs for Children?
Providing education or training generally falls within Class 41.
Current Nice guidance places education, training, and entertainment services within that class.
For example, a STEM brand might have:
A physical STEM toy in Class 28.
Downloadable educational software in Class 9.
Printed educational materials in Class 16.
Educational instruction or classes in Class 41.
The trademark classification follows what customers receive under the mark.
Does a Toy Company Need Class 42 Because It Developed an App?
Not merely because its employees created software for the company’s own business.
Class 42 covers scientific and technological services and specifically includes design and development of computer hardware and software, along with SaaS and PaaS services.
A company selling downloadable software may have a Class 9 product.
A company providing software development services to customers may have Class 42 services.
The fact that the toy company’s internal engineers developed its own mobile app does not by itself mean the company provides commercial software-development services.
Classification should reflect what is being offered to customers.
Why Doesn’t the Material of the Toy Determine Its Trademark Class?
Because many finished goods are classified primarily according to their function or purpose.
A plastic toy does not belong in a generic plastics category simply because plastic was used to manufacture it.
A fabric doll does not automatically become a textile product.
Current Nice guidance repeatedly distinguishes products according to their commercial function. The same principle explains why smart toys remain in Class 28 and why a school bag falls in Class 18 regardless of whether it is marketed to children.
The analysis should begin with what the finished product is and how consumers use it.
What Is the USPTO Trademark ID Manual?
The Trademark ID Manual is the USPTO’s searchable database of pre-approved identifications of goods and services and their classifications.
The USPTO explains that ID Manual entries provide accepted wording and classification guidance under the current Nice Classification. The list is not exhaustive, but it is designed to help applicants prepare accurate identifications.
The ID Manual can be particularly valuable for toy companies because classifications can turn on small factual distinctions.
Applicants should not select an entry merely because it sounds close.
The identification still needs to accurately describe what the company actually uses, or genuinely intends to use, the mark with.
Should a Toy Company Copy a Competitor’s Goods and Services Description?
Not blindly.
A competitor’s registration can provide useful research, but it does not necessarily establish the correct identification for a new application.
The competitor may sell a different product.
Its registration may be several years old.
Its identification may reflect an earlier Nice Classification edition.
Its goods may have been narrowed during examination.
Its commercial model may be different.
The current USPTO ID Manual and Nice Classification should therefore be consulted independently.
Did the Trademark Classification System Change in 2026?
Yes.
The Nice Classification, Thirteenth Edition, version 2026 became effective on January 1, 2026, and the USPTO incorporated the corresponding changes into its Trademark ID Manual.
This matters when researching older registrations.
A historical registration can contain wording or classification practices that do not perfectly correspond with the current system.
An application filed in 2026 should be prepared using current classification standards.
Can One Trademark Application Include Several Classes?
Yes.
A single application can seek registration of the same trademark for goods or services in several international classes.
The USPTO’s rules require the applicant to identify the goods or services in each class and pay the filing fee for each class. For use-based classes, the applicant must satisfy applicable use and specimen requirements, while intent-to-use classes require the appropriate bona fide-intent statement.
For example, one character trademark might potentially appear in the same multiclass application for toys in Class 28, books in Class 16, clothing in Class 25, and entertainment services in Class 41 if the filing requirements for those classes are satisfied.
Each class is still treated separately for important purposes.
How Much Does Each Trademark Class Cost in 2026?
The USPTO’s current base application filing fee is $350 per class for qualifying applications under Sections 1 and 44.
A one-class application therefore has a $350 base filing fee.
A four-class application has a $1,400 base filing fee before any additional fees that may apply.
The USPTO currently charges additional fees in certain circumstances, including $200 per class for using the free-form goods and services text box instead of selecting an identification from the Trademark ID Manual. Other fees can apply for incomplete information or lengthy custom identifications.
This gives companies a practical reason to choose classes deliberately rather than filing every category imaginable.
Are More Trademark Classes Better?
Not automatically.
The objective is not to obtain the largest number of class numbers possible.
A startup developing one board game may not have meaningful commercial reason to immediately claim clothing, backpacks, books, software, entertainment, furniture, retail services, and every other category a successful franchise could theoretically enter.
The USPTO states that applicants relying on use in commerce must actually use the trademark with all listed goods and services. Applicants relying on bona fide intent must genuinely intend to use the mark with all listed goods and services.
A focused application aligned with the business can be stronger and less expensive than a speculative portfolio.
Can an Intent-to-Use Application Cover Several Future Classes?
Yes, if the applicant has a bona fide intention to use the mark with the goods and services claimed in each class.
The USPTO recommends preserving evidence of genuine commercial preparations because bona fide intent can become relevant if challenged. Examples can include product development, market research, efforts to obtain distributors, and similar activities.
Suppose a toy company is actively developing Class 28 toys and has already entered negotiations to license the same character for Class 25 apparel.
Those facts can present a different bona fide-intent record from a company that merely thinks clothing might be interesting someday.
The federal filing should follow the genuine commercial roadmap.
Does a Use-Based Multiclass Application Require Use in Every Class?
Yes.
For a use-in-commerce filing basis, the USPTO states that the applicant must be using the trademark in commerce with all goods and services listed under that basis.
Selling a Class 28 toy does not automatically establish use for Class 25 clothing, Class 16 books, and Class 41 entertainment services.
Those are separate commercial categories.
The use claim should accurately reflect the business at the time of filing.
Do You Need a Different Trademark Specimen for Each Class?
The USPTO requires at least one supporting specimen for each class when specimen evidence is required, although one specimen can sometimes support multiple classes if it genuinely demonstrates qualifying use for each of them.
The appropriate evidence can differ substantially by class.
A Class 28 specimen might show the trademark on toy packaging.
A Class 25 specimen could show the mark on an apparel label or appropriate point-of-sale material.
A Class 16 specimen might show the trademark on the printed goods.
A Class 41 specimen could show the mark used in advertising or rendering the entertainment or educational service.
One photograph of a toy box does not automatically establish trademark use for every other class in the application.
Should a House Mark Have More Classes Than an Individual Toy Name?
Potentially.
Different trademarks within the same company can require different coverage.
Suppose PLAYBERRY is the company’s primary house mark and appears on toys, books, clothing, backpacks, and entertainment programming.
PLAYBERRY may warrant a broader classification analysis because consumers encounter the same source identifier throughout those business lines.
An individual product name used exclusively for one physical Class 28 toy may require much narrower coverage.
The house mark, product-line mark, individual toy mark, and character brand do not automatically need identical trademark portfolios.
Why Do Character Trademarks Often Expand Into Several Classes?
Character properties naturally move across product categories.
One character can appear on a Class 28 plush toy, Class 16 children’s book, Class 25 shirt, Class 18 backpack, Class 21 cup, Class 9 downloadable game, and Class 41 entertainment property.
That does not mean a popular character automatically has trademark rights in every category.
Trademark protection remains connected to source-identifying use with particular goods and services.
A broad character portfolio generally develops because the business actually expands the character into multiple commercial categories.
What Trademark Classes Apply to Character Merchandise?
There is no class called “character merchandise.”
The actual products determine the classes.
If the merchandise consists of apparel, Class 25 may be relevant.
If it consists of backpacks, Class 18 may apply.
Printed books and certain stationery can involve Class 16.
Cups and household goods may involve Class 21.
Toys can involve Class 28.
Downloadable games can involve Class 9.
Entertainment can involve Class 41.
A merchandising agreement using the broad phrase “merchandise rights” therefore does not answer the trademark-classification question.
Do Trademark Classes Matter During a Clearance Search?
Yes, but classes are search tools rather than absolute legal boundaries.
The USPTO identifies Classes 9, 16, 20, 25, 35, 41, and 42 as coordinated international classes for Class 28 in its current coordinated-class search guidance.
That does not mean every Class 28 search requires review of every record in all of those classes.
It demonstrates why restricting clearance only to Class 28 can miss commercially related trademarks.
The underlying likelihood-of-confusion question is whether consumers may believe the respective goods or services come from the same source.
Can Two Identical Trademarks Exist in Different Classes?
Sometimes, but being in different classes does not automatically make identical or similar trademarks safe to coexist.
International classes organize goods and services for administrative purposes.
The USPTO’s coordinated-class system exists precisely because goods and services in different classes can still be commercially related.
A children’s toy brand and a children’s entertainment property could potentially create a source-confusion issue even if their principal products fall into different classes.
The reverse is also true.
Two products being in the same broad class does not automatically mean confusion exists.
Trademark similarity, commercial relatedness, consumers, and marketplace context still need to be considered.
Should Trademark Classes Be Reviewed When a Toy Brand Expands?
Yes.
A trademark strategy designed when the company sells only one toy may no longer match the business five years later.
Suppose the brand begins in Class 28 and later launches children’s books, downloadable games, apparel, and animated entertainment.
The company should review whether the existing federal registration directly covers those newer commercial activities.
Expansion can also justify updated clearance because the company may encounter different trademark owners in the new product categories.
Classification and clearance should evolve with the business.
Does Licensing Into a New Product Category Affect Trademark Classes?
Potentially.
The trademark owner does not necessarily need to manufacture the expanded products itself for the new category to become commercially significant.
A toy company might license its character mark to an apparel manufacturer or children’s publisher.
Before a major licensed product launch, the trademark owner should evaluate whether the federal portfolio adequately reflects that category and whether the relevant trademark has been cleared for the expanded use.
Proper trademark licensing also requires appropriate control over licensed use.
Does an International Trademark Class Provide Worldwide Protection?
No.
The term “international class” refers to the international Nice system used to organize goods and services.
It does not mean that a U.S. registration creates global trademark rights.
Trademark protection remains territorial.
A U.S. Class 28 registration protects rights under U.S. trademark law according to the scope of that registration. Foreign protection generally requires separate international strategy.
The Nice system makes classification more consistent across participating jurisdictions, but it does not create one worldwide trademark registration.
Should Foreign Trademark Applications Use the Same Class as the U.S. Registration?
Often the Nice Classification creates substantial consistency, but current classification should still be verified when new applications are prepared.
The USPTO confirms that NCL 13-2026 became effective January 1, 2026, and Nice editions and annual revisions can change classification terminology.
A company should therefore avoid blindly copying an older identification into every future foreign application.
This can be particularly relevant to software, connected products, and other rapidly developing categories.
What Is a Product-to-Class Trademark Map?
A product-to-class map is an internal record showing which trademarks are used with which products and services and which registrations correspond to those activities.
For example, a growing toy company might track PLAYBERRY for toys in Class 28, downloadable games in Class 9, books in Class 16, backpacks in Class 18, apparel in Class 25, and entertainment services in Class 41.
The map can also identify filing bases, registrations, first-use information, licensees, and planned extensions.
This makes it easier to identify gaps before expansion, licensing, financing, or acquisition.
Why Do Trademark Classes Matter During Toy-Company Due Diligence?
A buyer should examine not simply whether a trademark is registered, but what the registration actually covers.
A company may describe itself as owning a federally registered character brand while its registration covers only Class 28 toys, even though much of the company’s current revenue comes from apparel, books, or entertainment.
That does not automatically mean the company has no rights outside Class 28.
It does mean the federal portfolio may not directly correspond to the current business.
Acquisition diligence should compare registration coverage with actual commercial use and revenue-generating categories.
Does Having More Trademark Classes Make a Brand Stronger?
No.
Trademark classification and trademark strength are different concepts.
Classes define the goods and services associated with an application or registration.
Trademark strength depends on issues such as distinctiveness, consumer recognition, and the surrounding field of similar marks.
A highly distinctive toy trademark registered in one commercially important class can be substantially more valuable than a descriptive brand registered in several classes.
The first priority remains choosing a strong source-identifying mark.
Scenario: A Company Sells Only One Plush Toy
Suppose a startup sells one plush animal under the trademark MOONBERRY.
If MOONBERRY is currently used only for the plush toy, Class 28 may be the principal class relevant to the product.
The company should not automatically add clothing, books, software, or entertainment simply because those are possible future extensions.
Its filing should reflect actual use or bona fide plans.
Scenario: A Toy Character Expands Into Books and Clothing
Assume MOONBERRY becomes successful and the company later launches printed storybooks and children’s T-shirts using the same character brand.
The portfolio may now involve Class 28 for toys, Class 16 for printed books, and Class 25 for clothing.
The company should evaluate both trademark coverage and clearance for those newer categories.
Scenario: A Smart Toy Launches a Companion App
Suppose the company sells an interactive smart toy with electronics and Bluetooth connectivity.
If the principal function of the physical product remains play, the toy can remain in Class 28 under current Nice guidance.
If the company also provides downloadable companion-game software, that separate product may involve Class 9.
One brand can therefore legitimately require multiple classes because consumers receive different products under it.
Scenario: A Toy Brand Opens an Online Store
Assume a company sells only its own branded toys from its website.
That activity does not automatically mean the company has a separate Class 35 retail service merely because customers can place orders online.
If the company develops a separate retail marketplace bringing together a variety of third-party goods for customers to browse and purchase, Class 35 becomes more relevant.
Frequently Asked Questions About Toy Trademark Classes
What trademark class is a toy?
Most traditional toys and playthings fall within International Class 28.
What class is a board game?
Physical board games commonly fall within Class 28.
What class is a card game?
Physical card games commonly fall within Class 28.
What class is a smart toy?
Smart toys can remain in Class 28 when their primary function remains play. Current Nice guidance specifically identifies smart toys as Class 28 goods.
What class is a toy robot?
Toy robots fall within Class 28.
What class is downloadable game software?
Downloadable computer software generally falls within Class 9.
What class covers online games?
Providing online gaming services generally involves Class 41.
What trademark class covers children’s books?
Printed books and other printed matter generally involve Class 16.
What class covers children’s clothing?
Clothing, footwear, and headwear for human beings generally fall within Class 25.
What class are doll clothes in?
Dolls’ clothes are specifically classified in Class 28 rather than Class 25.
What class are children’s backpacks in?
School bags and many backpacks fall within Class 18.
What class is children’s furniture?
Furniture generally falls within Class 20.
What class is children’s drinkware?
Many bottles, cups, and household or kitchen containers fall within Class 21.
Does selling toys require Class 35?
Not automatically. The sale of a company’s own goods is not, by itself, treated as a separate registrable retail service. Class 35 can apply to qualifying retail or wholesale services.
How much does each trademark class cost?
The USPTO’s current base application filing fee is $350 per class for qualifying Section 1 and Section 44 applications. Additional fees can apply.
Can one trademark application cover several classes?
Yes. A single application may include the same mark in multiple international classes, but the applicant must satisfy the applicable filing, fee, identification, use, or bona fide-intent requirements for each class.
Choosing the Right Trademark Classes for a Toy or Children’s Brand
For most traditional toy businesses, Class 28 is the logical starting point.
But it is only a starting point.
Modern toy brands routinely evolve into broader consumer properties involving books, software, clothing, backpacks, household merchandise, retail, education, entertainment, and licensing.
The trademark classes should follow that real commercial activity.
The most important classification principle is straightforward: identify what customers actually receive under the trademark.
A smart toy can remain in Class 28 because its principal function is play. A downloadable companion game can be Class 9. The printed storybook featuring the same character can involve Class 16. A backpack can fall in Class 18. Furniture can be Class 20. Drinkware can involve Class 21. Children’s clothing can be Class 25. A qualifying retail marketplace can involve Class 35. Online gaming or educational entertainment can involve Class 41.
Companies should also use current classification resources.
The USPTO is using Nice Classification NCL 13-2026, effective January 1, 2026, and its Trademark ID Manual provides current accepted identification language and classification guidance.
A toy business should not select additional classes merely to make the portfolio look larger.
Each extra class increases filing cost, and the applicant must have actual use or a bona fide intent corresponding to the goods or services claimed. The current USPTO base filing fee is $350 per class, with additional fees possible depending on the application.
The strongest filing strategy is therefore not the broadest possible filing.
It is the one that accurately follows the products and services generating, or realistically expected to generate, goodwill under the trademark.
Primary Sources and Authorities
USPTO, Nice Agreement Thirteenth Edition, Version 2026. Current U.S. classification guidance effective January 1, 2026, including the class headings and explanatory notes for Classes 9, 16, 18, 20, 21, 25, 28, 35, 41, and 42.
USPTO, Guidance for Users and Trademark ID Manual. Explains that NCL 13-2026 became effective January 1, 2026 and that goods and services identifications must be specific, definite, clear, accurate, and concise.
USPTO, Goods and Services. Explains that applicants must use the trademark with all goods and services claimed under a use basis or have a bona fide intent covering all goods and services claimed under an intent-to-use basis.
USPTO, Multiple-Class Applications. Explains that one application may include multiple international classes and that classes are separately subject to applicable fee, identification, use, and specimen requirements.
USPTO, Specimens. Explains that one specimen is required for each class when specimen evidence is required, although one specimen may sometimes support multiple classes when it demonstrates the required use for each.
USPTO, Coordinated Classes. Identifies Classes 9, 16, 20, 25, 35, 41, and 42 as coordinated classes associated with Class 28 for federal trademark-search purposes.
USPTO, Trademark Fee Information. States that the current base application filing fee is $350 per class for qualifying Section 1 and Section 44 applications and describes additional application fees.
Author
Abraham Cohn, Managing Partner, Cohn Legal, PLLC
Abraham Cohn is a U.S. trademark attorney whose practice focuses on trademark clearance, registration, brand protection, and related intellectual property matters.