written by | October 12, 2022

Comprehensive Guide on Trademark Class 10 - Surgical & Medical Instruments

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Table of Content


 Businesses can register their trademarks to claim ownership of their unique brand names and prevent misuse and violation across the globe. With trademark registration, businesses can easily promote their brands and protect their rights. Trademark applications are categorised into 45 different classes based on the nature of the business activity. An overview of trademark class 10, which relates to surgical and medical instruments, is provided in this article.

Did You Know? Approximately 65,000 medical distributor companies and 550,000 pharmacies are registered under Trademark Class 10 in India.

What is a Trademark?

Trademarks are recognisable designs, signs, or expressions that distinguish one source's products or services from those of another. Each trademark class is assigned to a manufacturing good or service, and trademarks have 45 classes in total. For different classes of trademarks, different trademark registrations are required. Business activities determine this classification. The classification is divided into two sections,

The Indian Trademark Registry issues this classification by categorising different trademarks. These services are available at all five regional trademark registry offices in India.

Also read: All About Trademark Class 25: Clothing, Footwear and Headgear

What is a Trademark Class 10?

The trademark class 10 primarily covers surgical, dental, medical, and veterinary devices and apparatuses; Artificial eyes, limbs, and teeth; orthopaedic articles; Suture materials; Assistive and Therapeutic Devices Adapted for the Disabled; Sexual activity apparatus; Massage apparatus; Nursing apparatus, devices, and articles.

Class 10 Trademark Includes the Following Important Goods

  • Special furniture for medical use
  • Hygienic rubber articles 
  • Supportive bandages
  • Ear picks
  • Earplugs
  • Nursing appliances
  • Orthopaedic medical belts
  • Orthopaedic footwear
  • Stethoscopes
  • Condoms
  • Dentures or sets of artificial teeth
  • Diagnostic apparatus for medical purposes

Class 10 Trademark Doesn’t Include the Following Items

  1. Mobility scooters and wheelchairs (TM class 12)
  2. Electronic cigarettes (TM class 34)
  3. Tobacco-free cigarettes made for medical purposes ( TM Class 5)
  4. Surgical implants that comprise living tissue ( TM Class 5)
  5. Absorbent sanitary articles and Medical dressings  (TM Class 5)
  6. Massage tables and hospital beds (TM Class 20).

Related Classes of Trademark Class 10

To register a trademark, it is important to specify the correct class because if the class is found to be incorrect, the application process will have to be reopened. Consider the following related classes if you are unsure about registering in Trademark Class 10.

  • Class 5 – Pharmaceuticals
  • Class 35 – Advertising and Business services
  • Class 42 – Science and Technology services
  • Class 44 – Medical and Vet services.

How does Trademark Registration Class 10 Benefit you?

You can distinguish your goods and services from those of your competitors by using a trademark. Several terms, such as geographical names, fair trade words, familiar names, and standard densities, cannot be registered.

1. Protects Your Business Legally

Trademark registration gives the holder the right to use a trademark based on the class of goods or services that the trademark represents. Following the filing of your trademark application, your products can be marked with the symbol "TM".

2. Product Differentiation

Your product can be differentiated from your competitors with a trademark. As a result of trademark registration, you will also be able to confirm the registration of all goods and services described, which will help you identify your products accurately.

3. Identifying Brands

Any product is compared with similar products other companies produce in terms of appearance, quality, and features. The design of the product identifies it as a registered trademark.

4. Creating Assets

It is beneficial for any business venture to register a trademark. An Intellectual Property Right is a mark that identifies a product and binds a value to it. It is possible to sell, authorise, distribute, or commercially exploit any trademark.

How Can I Register Under Trademark Class 10?

  • To register a trademark, you need your brand name, symbol, logo or slogan.
  • After getting basic information, fill the application form that allows you to register the trademark.
  • Pay the registration fee on the official website.
  • And follow the next procedures.

List Of Goods That Fall Under Trademark Class 10: Surgical and Medical Instruments

  • X-Ray Tubes For Medical Purposes
  • X-Ray Photographs For Medical Purposes
  • X-Ray Apparatus For Medical Purposes
  • Water Bags For Medical Purposes
  • Walking Frames For Disabled Persons
  • Vibromassage Apparatus
  • Veterinary Apparatus
  • Vaporisers For Medical Purposes or Sprayers For Medical Purposes
  • Vaginal Syringes
  • Uterine Syringes
  • Urological Apparatus And Instruments
  • Urinals [Vessels]
  • Urethral Syringes
  • Urethral Probes
  • Umbilical Belts
  • Ultraviolet Ray Lamps For Medical Purposes
  • Trusses or Hernia Bandages
  • Trocars
  • Traction Apparatus For Medical Purposes
  • Tongue Scrapers
  • Tomography For Medical Purposes
  • Tips For Crutches For Invalids
  • Thread, Surgical
  • Thermometers For Medical Purposes
  • Thermo-Electric Compresses [Surgery]
  • Thermal Packs For First Aid Purposes
  • Apparatus For Use In Medical Analysis
  • Temperature Indicator Labels For Medical Purposes
  • Teething Rings
  • Syringes For Medical Purposes
  • Syringes For Injections
  • Suture Needles
  • Suture Materials
  • Suspensory Bandages
  • Surgical Sponges
  • Surgical Implants consist Of Artificial Materials
  • Surgical Drapes
  • Surgical Apparatus And Instruments
  • Supports For Flat Feet
  • Stretchers, Wheeled
  • Strait Jackets
  • Stockings For Varicose
  • Stethoscopes
  • Sterile Sheets, Surgical
  • Stents
  • Spoons For Administering Medicine
  • Splints, Surgical
  • Spittoons For Medical Purposes
  • Spirometers [Medical Apparatus]
  • Sphygmotensiometers or Arterial Blood Pressure Measuring Apparatus or Sphygmomanometers
  • Soporific Pillows For Insomnia
  • Slings [Supporting Bandages]
  • Sex Toys
  • Scissors For Surgery
  • Scalpels
  • Saws For Surgical Purposes
  • Resuscitation Apparatus
  • Respirators For Artificial Respiration
  • Receptacles For Applying Medicines
  • Radium Tubes For Medical Purposes
  • Radiotherapy Apparatus
  • Radiology Screens For Medical Purposes
  • Radiological Apparatus For Medical Purposes
  • Quartz Lamps For Medical Purposes
  • Quad Canes For Medical Purposes
  • Pumps For Medical Purposes
  • Pulse Meters
  • Protection Devices Against X-Rays which comes under Medical Purposes
  • Probes For Medical Purposes
  • Plaster Bandages For Orthopedic Purposes
  • Pins For Artificial Teeth
  • Physiotherapy Apparatus
  • Physical Exercise Apparatus that are meant for Medical Purposes
  • Pessaries
  • Pads For Preventing Pressure Sores On Patient Bodies
  • Orthopaedic Soles 
  • Orthopaedic Footwear 
  • Orthopaedic Articles 
  • Orthopaedic Belts 
  • Orthodontic Appliances
  • Ophthalmoscopes
  • Ophthalmometers
  • Operating Tables
  • Obstetric Apparatus For Cattle
  • Obstetric Apparatus
  • Nursing Appliances
  • Needles For Medical Purposes
  • Mirrors For Surgeons
  • Mirrors For Dentists
  • Microdermabrasion Apparatus
  • Medical Guidewires
  • Medical Apparatus And Instruments
  • Maternity Belts
  • Massage Apparatus
  • Masks For Use By Medical Personnel
  • Love Dolls (Sex Dolls)
  • Lice Combs
  • Lenses for Surgical Implantation of Intraocular Prostheses for Surgical Implantation.
  • Lasers For Medical Purposes
  • Lancets
  • Lamps For Medical Purposes
  • Knives For Surgical Purposes
  • Knee Bandages, Orthopedic
  • Invalids’ Hoists
  • Insufflators
  • Instrument Cases For Use By Doctors

Also read: Know About Trademark Class 3 - Cosmetics and Cleaning Substances

  • Injectors For Medical Purposes
  • Inhalers
  • Incubators For Medical Purposes
  • Incubators For Babies
  • Incontinence Sheets
  • Ice Bags For Medical Purposes
  • Hypogastric Belts
  • Hypodermic Syringes
  • Hydrostatic Beds For Medical Purposes 
  • Hot Air Therapeutic Apparatus
  • Hot Air Vibrators For Medical Purposes
  • Hemacytometers or Haemocytometers
  • Heating Cushions [Pads], Electric, For Medical Purposes
  • Heart Rate Monitoring Apparatus
  • Heart Pacemakers
  • Hearing Protectors
  • Hearing Aids
  • Hair Prostheses
  • Gloves For Medical Purposes
  • Gloves For Massage
  • Gastroscopes
  • Galvanic Therapeutic Appliances
  • Galvanic Belts For Medical Purposes
  • Furniture Especially Made For Medical Purposes
  • Fumigation Apparatus For Medical Purposes
  • Forceps
  • Finger Guards For Medical Purposes
  • Filters For Ultraviolet Rays, For Medical Purposes
  • Feeding Bottles or Babies’ Bottles
  • Feeding Bottle Valves
  • Feeding Bottle Teats
  • Esthetic Massage Apparatus
  • Enema Apparatus For Medical Purposes
  • Endoscopy Cameras For Medical Purposes
  • Electrodes For Medical Use
  • Electrocardiographs
  • Electric Acupuncture Instruments
  • Elastic Stockings For Surgical Purposes
  • Ear Trumpets
  • Ear Protection Devices like Ear Plugs
  • Ear Picks
  • Dummies For Babies Droppers For Medical Purposes
  • Dropper Bottles For Medical Purposes
  • Draw-Sheets For Sick Beds
  • Drainage Tubes For Medical Purposes
  • Douche Bags
  • Dialysers
  • Diagnostic Apparatus For Medical Purposes
  • Dentures or Sets Of Artificial Teeth
  • Dentists’ Armchairs
  • Dental Burs
  • Dental Apparatus, Electric
  • Dental Apparatus and Instruments
  • Defibrillators
  • Cutlery [Surgical]
  • Cushions For Medical Purposes
  • Cupping Glasses
  • Crutches
  • Corsets For Medical Purposes
  • Corn Knives
  • Contraceptives that are Non-Chemical
  • Containers Especially Made For Medical Waste
  • Condoms
  • Compressors [Surgical]
  • Compression Garments
  • Commode Chairs
  • Clothing Especially made For Operating Rooms
  • Surgical Clips
  • Childbirth Mattresses
  • Catheters
  • Catgut
  • Castrating Pincers
  • Cases Fitted For Medical Instruments
  • Cannulae
  • Brushes For Cleaning Body Cavities
  • Breast Pumps
  • Bougies [Surgery]
  • Boots For Medical Purposes
  • Body Rehabilitation Apparatus For Medical Purposes
  • Blood Testing Apparatus
  • Blankets and Electric For Medical Purposes
  • Belts and Electric For Medical Purposes
  • Belts For Medical Purposes
  • Beds that are Specially Made For Medical Purposes
  • Bed Vibrators
  • Bed Pans
  • Basins For Medical Purposes
  • Bandages or Elastic
  • Bandages For Joints, Anatomical  or Supportive Bandages
  • Balling Guns
  • Artificial Teeth
  • Artificial Skin For Surgical Purposes
  • Artificial Limbs
  • Artificial Jaws
  • Artificial Eyes
  • Artificial Breasts
  • Armchairs For Medical Or Dental Purposes
  • Arch Supports For Footwear
  • Appliances For Washing Body Cavities
  • Apparatus For The Treatment Of Deafness
  • Apparatus For Artificial Respiration
  • Apparatus For Acne Treatment
  • Apparatus And installation for The Production Of X-Rays
  • Anaesthetic Masks
  • Anaesthetic Apparatus
  • Ambulance Stretchers
  • Air Pillows For Medical Purposes
  • Air Mattresses, For Medical Purposes
  • Air Cushions For Medical Purposes
  • Aerosol Dispensers For Medical Purposes
  • Acupuncture Needles
  • Abdominal Pads
  • Abdominal Corsets
  • Abdominal Belts
  • Hand Belts for Medical Purpose

Popular Examples of Trademark Class 10

  • Johnson & Johnson: Medical and surgical instruments
  • Novartis AG: Surgical and medical equipment, artificial limbs, eyes, teeth, etc.
  • Abbott Laboratories: Medical, surgical, and dental instruments
  • Medtronic: Surgical and medical equipment
  • Danaher Corporation: Diagnostic equipment for hospitals and laboratories
  • General Electric: X-ray tubes and apparatus
  • Siemens Healthineers: Medical and surgical apparatus, artificial eyes, limbs, and teeth 
  • Stryker: Surgical and medical goods 
  • Durex: Condoms, contraceptive kinds of appliances, etc.
  • Manforce: Condoms, ear picks and plugs, contraceptives, etc.

Also read: Things to know about Trademark Class 19: Building Materials

Conclusion

To build a successful company, it is important to register a trademark. Online or offline registration is available. It is important to identify the right business class before proceeding with registration. Surgical and Medical Instruments require trademark registration under class 10. Many companies, however, fail to consider the type of goods and services involved in these activities. Taking a close look at the context of Trademark Class 10 Registration will increase the exclusivity and safety of your brand.

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FAQs

Q: If a trademark lapses, what happens?

Ans:

Registering your trademark ensures that you retain exclusive rights to the mark. You lose your rights if you don't renew on time. If your competitor comes in and claims ownership, they are within their legal rights. Furthermore, re-registration involves many costs.

Q: Is there an expiration date for trademarks?

Ans:

According to section 25 of the Trade Marks Act, 1999, trademarks in India have a 10-year validity period.

Q: Is a trademark movable property?

Ans:

Intellectual property is movable even under Indian law. Thus, trademarks are movable property, and so are goods.

Q: Is it possible to use the trademark after application?

Ans:

As soon as you have filed the trademark application, you can use the symbol "TM" on your products. Once your trademark has been registered, you can use the symbol "R".

Q: What is a Trademark Class?

Ans:

Under the Nice Classification of the World Intellectual Property Organization, trademark classes are used to classify goods and services.

Q: What is a Trademark Search?

Ans:

Checking whether another organisation or business uses a trademark is referred to as a trademark search.

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The information, product and services provided on this website are provided on an “as is” and “as available” basis without any warranty or representation, express or implied. Khatabook Blogs are meant purely for educational discussion of financial products and services. Khatabook does not make a guarantee that the service will meet your requirements, or that it will be uninterrupted, timely and secure, and that errors, if any, will be corrected. The material and information contained herein is for general information purposes only. Consult a professional before relying on the information to make any legal, financial or business decisions. Use this information strictly at your own risk. Khatabook will not be liable for any false, inaccurate or incomplete information present on the website. Although every effort is made to ensure that the information contained in this website is updated, relevant and accurate, Khatabook makes no guarantees about the completeness, reliability, accuracy, suitability or availability with respect to the website or the information, product, services or related graphics contained on the website for any purpose. Khatabook will not be liable for the website being temporarily unavailable, due to any technical issues or otherwise, beyond its control and for any loss or damage suffered as a result of the use of or access to, or inability to use or access to this website whatsoever.
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Disclaimer :
The information, product and services provided on this website are provided on an “as is” and “as available” basis without any warranty or representation, express or implied. Khatabook Blogs are meant purely for educational discussion of financial products and services. Khatabook does not make a guarantee that the service will meet your requirements, or that it will be uninterrupted, timely and secure, and that errors, if any, will be corrected. The material and information contained herein is for general information purposes only. Consult a professional before relying on the information to make any legal, financial or business decisions. Use this information strictly at your own risk. Khatabook will not be liable for any false, inaccurate or incomplete information present on the website. Although every effort is made to ensure that the information contained in this website is updated, relevant and accurate, Khatabook makes no guarantees about the completeness, reliability, accuracy, suitability or availability with respect to the website or the information, product, services or related graphics contained on the website for any purpose. Khatabook will not be liable for the website being temporarily unavailable, due to any technical issues or otherwise, beyond its control and for any loss or damage suffered as a result of the use of or access to, or inability to use or access to this website whatsoever.