China Trademark Classification for Toy Brands: How to Choose Classes for Plush, Blocks, Blind Boxes & Smart Toys

Quick Self-Assessment: Is Your Toy Brand Fully Protected?

Ask yourself these five questions. A “no” to any indicates a potential gap that can be exploited in the Chinese market. Conducting a professional trademark search can also reveal existing third-party registrations that may affect your strategy.

• ✅ 1. Have you registered your brand in Class 28 with specific product subclasses (e.g., plush toys, building blocks, action figures — not just “toys”)?
• ✅ 2. If your toy has any electronic or app-connected component, is Class 9 also filed for the downloadable software or electronic device?
• ✅ 3. For educational toys with printed materials, have you covered Class 16 for flash cards, activity books, or instruction manuals?
• ✅ 4. Is each named character, series title, or collectible line registered as a separate trademark — not just the main brand name?
• ✅ 5. Have you registered the Chinese transliteration or adaptation of your brand and character names before they appear on packaging or social media?

If any answer is no, continue reading. Each section below addresses a specific toy category and its trademark requirements.

1. Plush & Action Figure Brands: Class 28 + IP Names

Core Class: Class 28 covers plush toys, dolls, and action figures. However, a registration for “toys” is insufficient. CNIPA subdivides Class 28, and examiners may not consider “plush toys” and “action figures” to be similar. Your specification must list each product type explicitly: plush toys, stuffed animals, toy figures, collectible figurines. For detailed subclass mapping, refer to the Class 28 subclasses PDF.

The IP Layer: The most valuable asset of a plush brand is often the character itself — a named bear, a fantasy creature, a mascot. That character name should be registered as a separate word mark in Class 28, and ideally also in Class 16 if the character appears in books, and Class 9 if it features in digital content. Relying on the brand name alone leaves the character name unprotected.

Real Example: A European plush brand created a series of animal characters, each with a distinct name. The brand name was registered in Class 28, but the individual character names were not. A Chinese company registered the most popular character’s name in Chinese and began selling plush toys under that name on Tmall. The original brand had no legal recourse because it had not trademarked the character name separately.

Quick Action: Register your brand name, each recurring character name, and the Chinese equivalent of all of them in Class 28 and Class 35 (retail). Add Class 16 if storybooks or printed materials exist. For interactive plush with sound chips or app connectivity, add Class 9. For guidance on selecting the correct goods and services, see How to Correctly Select China Trademark Classification Subclasses.

2. Building Block Brands: Class 28 + Class 16 Overlap

Core Class: Building blocks and construction sets are in Class 28. Specify “building blocks [toys]” and “construction toys” rather than generic “toys.”

Critical Class 16: Building block sets almost always include printed instruction booklets. Those booklets fall under Class 16 (printed matter). If the brand expands into themed activity books, sticker books, or educational guides, Class 16 protection becomes essential. A competitor can legally publish a “Brand X Building Guide” under a similar name if Class 16 is not covered.

The Series Name Problem: Major building block brands organize products into named series (e.g., “Space Explorers,” “Dino World”). Each series name functions as a sub-brand and should be registered as a trademark in Class 28 and Class 16. We have seen cases where a series name was registered by a third party and used to sell compatible but unauthorized block sets.

Quick Action: File the master brand in Class 28 and Class 16. File each recurring series name as a separate mark in both classes. Register Chinese versions of all brand and series names. If the brand ever releases a digital building app, Class 9 must also be in the portfolio.

3. Designer Toys & Blind Boxes: The IP Name Priority

Core Class: Designer vinyl figures, blind box collectibles, and art toys are classified under Class 28. For items with precious metal components or marketed as luxury collectibles, consider adding Class 14 (precious metals).

The IP-Driven Nature: This category is almost entirely IP-driven. The brand name, the series name, and each featured character name must be individually trademarked. In China, the blind box market is dominated by a few local players who understand this multi-layered IP strategy and will register any unprotected name that gains traction.

Real Example: A US designer toy brand launched a popular series of cat-themed figures, each with a unique name. The brand owner registered the master brand in Class 28 but did not register the series name or individual cat names in Chinese. Within weeks of the series trending on Xiaohongshu, a local company registered the Chinese series name and the most popular character names. The original brand could not use those names in Chinese marketing without risking infringement. A Chinese Name Strategy for China Trademark Registration is essential from day one.

Quick Action: Register the brand, series name, and all named characters as word marks in Class 28 and Class 35. Add Class 14 if the collectible angle is strong. Register all Chinese transliterations simultaneously. Treat each new series launch as a trademark filing event, not just a product launch.

4. Electronic & STEM Toys: The Critical Class 9 Gap

Core Classes: The physical device (robot, coding kit, electronic learning pad) is Class 28. The embedded software or companion app is Class 9. Printed manuals and curriculum materials are Class 16. Without all three, the product ecosystem is unprotected.

The Most Common Gap: A STEM toy startup files only in Class 28. Its companion app, which is the primary differentiator, is unprotected. A third party registers the brand in Class 9 for “downloadable educational software” and can block the app from Chinese app stores or demand a licensing fee. This gap has caused at least two of our clients to rebrand their software components after launch.

Subclass Precision: Within Class 9, specify “downloadable mobile applications for educational purposes,” “electronic learning devices,” and “computer software for interactive learning.” Within Class 28, specify “educational toys,” “electronic learning toys,” and “robots for educational purposes.” General terms will not block a determined squatter with a more specific filing. For subclass-level details, see the Class 9 subclasses PDF.

Quick Action: File Class 28 (device), Class 9 (software/app), and Class 16 (printed materials) simultaneously. If the brand offers online classes or a subscription learning platform, add Class 41 (educational services). Chinese names for both the device and the app must be registered.

5. Board Games & Puzzles: Why Class 16 Is Non-Negotiable

Core Classes: Board games and physical puzzles are in Class 28. However, the printed components — game cards, rulebooks, puzzle mats, sticker sheets — are in Class 16. A board game brand that files only in Class 28 has no protection for the printed materials that constitute a significant portion of the product’s value and brand recognition.

Expansion Risks: Many board game brands later publish companion books, activity sets, or digital versions. Without Class 16 and potentially Class 9 (for digital adaptations), each expansion creates a new trademark vulnerability. A third party that registers the brand in Class 16 can legally sell “Brand X Activity Book” under that name.

Quick Action: File Class 28 (games, puzzles) and Class 16 (printed cards, rulebooks, activity sheets). Register the game title and any recurring character or world names as separate marks. Chinese names for the brand and each game title should be part of the initial filing.

6. The Toy IP Layer: Character Names, Series Titles & Chinese Names

Toy trademarks differ from other consumer product trademarks in one fundamental way: the brand is only one layer of the IP. The characters, series names, and story worlds that make up a toy line often carry more commercial weight than the manufacturer’s brand name itself. In China, each of these IP elements can be independently registered — and independently targeted by squatters. This is a direct consequence of China’s first-to-file principle, where the earliest filer gains priority regardless of prior use outside China.

What to register as separate marks:

• The master brand name (English + Chinese)
• Each recurring character name (English + Chinese)
• Each series or collection name (English + Chinese)
• Slogan or tagline used consistently across packaging

These marks should be filed in the classes relevant to the products on which they appear. A character that appears on plush toys, storybooks, and a mobile app needs coverage in Class 28, Class 16, and Class 9. A series name used exclusively on building block sets needs Class 28 and Class 16 (for instructions).

Timing: IP registration should occur before the character or series is revealed to the public. Once a character name appears on a product listing or social media post, it becomes visible to potential squatters who monitor trending toy categories. Filing first is the only reliable protection. For a comprehensive guide on protecting your brand in China, see our China Trademark Registration guide.

7. OEM Factory Risks: Protecting Before Production

Toy manufacturing is heavily concentrated in China — plush in Jiangsu, building blocks in Guangdong, wooden toys in Zhejiang. Factories in these regions regularly handle full packaging designs, brand names, and character artwork for Western toy brands. Under China’s first-to-file system, a factory that has access to this material can file a trademark application in its own name before the brand owner does. For a deeper understanding of this risk, see our guide on China Trademark OEM Risks.

The consequence is not just a legal dispute. A factory-owned trademark can be used to block the brand owner’s export shipments through customs recordal, or to demand exclusivity or payment as a condition of continued production. This risk is particularly acute for toy brands that rely on seasonal production cycles and cannot afford supply chain disruptions.

Protection: File a multi-class trademark application in the brand owner’s name — covering Class 28, Class 9, Class 16, and Class 35 as applicable — before sharing any packaging designs, character artwork, or technical specifications with a Chinese factory. This establishes ownership and priority in the jurisdiction where the products are made. If you discover that your brand has already been registered by a third party, see our remedy series for available legal actions and negotiation strategies.

8. Streamlined Filing Strategy by Brand Type

For a comprehensive overview of all classes and their subclasses, visit our China Trademark Classification List and explore the Foreign Brand China Entry Legal Risk Series for broader context.

9. FAQ

10. Conclusion & Next Steps

Toy trademarks in China require an IP-centric strategy that treats each product line, character name, and series title as a standalone trademark asset. The traditional “file Class 28 and call it done” approach leaves the most valuable parts of a toy brand — its characters, its digital experiences, its educational content — legally exposed. A properly structured filing covers product classes, IP names, and Chinese-language marks before any public exposure or factory engagement occurs. For additional guidance, explore our China Trademark Classification System Guide and the complete classification list.