Today, intellectual property protection has become a critical component in any business venture. Business ventures in various sectors have taken up this protection as their major aspect. Trademark registration protects the uniqueness and identity of a brand. For businesses in healthcare, medical, and scientific sectors, Trademark Class 10 is a vital function.

Trademarks, according to the Nice Classification System, are divided into 45 categories based on goods and services. Class 10 covers medical devices, apparatus, and equipment. These may include diagnostic and therapeutic equipment used in healthcare. This further includes health products applied within hospitals, in research, and even at home in personal care.

What is Trademark Class 10?

Trademark Class 10 will include medical devices, apparatus, and instruments for treatment purposes. It will involve diagnostic equipment, surgical instruments, and therapeutic devices. It may also include prosthetics and other medical products for clinical use.

Class 10 is important because these products directly affect the health and well-being of people. Companies that manufacture or sell medical devices need trademark protection to ensure exclusivity. This protection helps them build trust and differentiate their products in a highly regulated industry.

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Goods Covered Under Trademark Class 10

Trademark Class 10 consists of all sorts of medical products ranging from simple devices to very complex machinery. The following are some of the main categories and examples of the products included in this class:

1. Medical Apparatus

• Surgical instruments: instruments used during medical surgeries like scalpels, forceps, and scissors.

• Diagnostic apparatus: those instruments used in diagnosis, for example, thermometer, blood pressure monitor, and X-ray machine.

• Stethoscopes: Devices doctors listen through to hear heart and lung noises.

• Electrocardiographs (ECGs): A medical instrument monitoring the electrical activity in one's heart.

2. Therapeutic Devices

• Pacemakers: Medequipments implanted in a human to modify the heart's beating rate

• Insulin Pumps: Tools that administer insulin in diabetics.

• Dialysis machines: Devices utilized to carry out kidney dialyses

• Oxygen concentrators: Tools that deliver oxygen to a person whose breathing is impaired

3. Orthopedic Devices

• Prosthetics: Artificial limbs designed for patients who have lost limbs due to injury or disease.

• Orthotic devices: Products like braces, splints, and supports used to aid joints or bones in healing or alignment.

• Wheelchairs: Mobility devices for people with mobility challenges.

• Crutches and walkers: Assistive devices used by people recovering from surgery or injury.

4. Medical Implants

• Dental implants: Titanium-based devices used to replace lost teeth.

• Joint implants: Devices used to replace or support joints, such as knee or hip replacements.

5. Health Monitoring Devices

• Blood glucose monitors: Devices used to check blood sugar levels in diabetic patients.

• Hearing aids: Devices used to assist individuals with hearing loss.

• Vision correction devices: Medical devices such as corrective lenses and contact lenses.

6. Veterinary Equipment

• Animal diagnostic tools: Devices used in the diagnosis and treatment of animals, including veterinary stethoscopes and surgical tools.

7. Medical Furniture

• Hospital beds: beds for patients in medical institutions.

• Examination tables: tables for patient examination in clinics and hospitals.

Also, Get to Know How to deal with Trademark Infringement

Goods Not Classified Under Trademark Class 10

Class 10 is only focused on medical devices and goods associated with them, while other categories have some goods that seem to be healthcare-related. Examples of goods not included in Class 10 are:

1. Pharmaceutical goods: These come under Class 5, including drugs, vaccinations, and nutritional supplements.

2. Cosmetics: Skincare, cosmetics, and perfumes are covered under Class 3.

3. Health food: Nutritional supplements, diet foods, or health beverages are mostly covered under Class 29 or Class 32.

4. Hygiene goods: Sanitary articles and toothbrushes fall under Class 21.

Get Familiar with the Key Provisions of Trademark Act, 1999

List of Goods in Class 10 of Trademark

Here is the comprehensive list of goods that must be classified under Trademark Class 10:

• abdominal belts

• abdominal corsets

• abdominal pads

• apparatus for acne treatment

• acupuncture needles

• electric acupuncture instruments

• aerosol dispensers for medical purposes

• air pillows for medical purposes

• air cushions for medical purposes

• air mattresses, for medical purposes

• ambulance stretchers

• anaesthetic apparatus

• anaesthetic masks

• arch supports for footwear

• armchairs for medical or dental purposes

• artificial teeth

• artificial jaws

• artificial limbs

• artificial skin for surgical purposes

• apparatus for artificial respiration

• artificial breasts

• artificial eyes

• balling guns

• bandages for joints, anatomical / supportive bandages

• bandages, elastic

• basins for medical purposes

• bed pans

• bed vibrators

• beds, specially made for medical purposes

• belts for medical purposes

• belts, electric, for medical purposes

• blankets, electric, for medical purposes

• blood testing apparatus

• body rehabilitation apparatus for medical purposes

• boots for medical purposes

• bougies [surgery]

• breast pumps

• brushes for cleaning body cavities

• cannulae

• instrument cases for use by doctors

• cases fitted for medical instruments

• castrating pincers

• catgut

• catheters

• childbirth mattresses

• clips, surgical

• clothing especially for operating rooms

• commode chairs

• compression garments

• compressors [surgical]

• condoms

• containers especially made for medical waste

• contraceptives, non-chemical

• corn knives

• corsets for medical purposes

• crutches

• cupping glasses

• cushions for medical purposes

• cutlery [surgical]

• defibrillators

• dental burs

• dental apparatus and instruments

• dental apparatus, electric

• dentists' armchairs

• dentures / sets of artificial teeth

• diagnostic apparatus for medical purposes

• dialyzers

• douche bags

• drainage tubes for medical purposes

• draw-sheets for sick beds

• dropper bottles for medical purposes

• droppers for medical purposes

• dummies [teats] for babies / babies' pacifiers [teats] / pacifiers for babies / teats

• ear trumpets

• ear picks

• ear plugs [ear protection devices]

• elastic stockings for surgical purposes / elastic stockings [surgery]

• electrocardiographs

• electrodes for medical use

• endoscopy cameras for medical purposes

• enema apparatus for medical purposes

• esthetic massage apparatus

• feeding bottles / babies' bottles

• feeding bottle valves

• feeding bottle teats

• filters for ultraviolet rays, for medical purposes

• finger guards for medical purposes

• forceps

• fumigation apparatus for medical purposes

• furniture especially made for medical purposes

• galvanic belts for medical purposes

• galvanic therapeutic appliances

• gastroscopes

• gloves for medical purposes

• gloves for massage

• hair prostheses

• hearing aids

• hearing protectors

• heart pacemakers

• heart rate monitoring apparatus

• heating cushions [pads], electric, for medical purposes / heating cushions, electric, for medical purposes / heating pads, electric, for medical purposes

• hemocytometers / haemocytometers

• hot air therapeutic apparatus

• hot air vibrators for medical purposes

• hydrostatic [water] beds for medical purposes / hydrostatic beds for medical purposes / water beds for medical purposes

• hypodermic syringes

• hypogastric belts

• ice bags for medical purposes

• incontinence sheets

• incubators for medical purposes

• incubators for babies

• inhalers

• injectors for medical purposes

• insufflators

• invalids' hoists

• knee bandages, orthopedic

• knives for surgical purposes

• lamps for medical purposes

• lancets

• lasers for medical purposes

• lenses [intraocular prostheses] for surgical implantation / intraocular prostheses [lenses] for surgical implantation

• lice combs

• love dolls [sex dolls]

• masks for use by medical personnel

• massage apparatus

• maternity belts

• medical apparatus and instruments

• medical guidewires

• microdermabrasion apparatus

• mirrors for dentists

• mirrors for surgeons

• needles for medical purposes

• nursing appliances

• obstetric apparatus for cattle

• obstetric apparatus

• operating tables

• ophthalmometers

• ophthalmoscopes

• orthodontic appliances

• orthopaedic [orthopedic] belts / orthopaedic belts / orthopedic belts

• orthopaedic footwear / orthopedic footwear

• orthopaedic soles / orthopedic soles

• orthopedic articles / orthopaedic articles

• pads [pouches] for preventing pressure sores on patient bodies

• pessaries

• physical exercise apparatus, for medical purposes

• physiotherapy apparatus

• pins for artificial teeth

• plaster bandages for orthopaedic purposes / plaster bandages for orthopedic purposes

• probes for medical purposes

• protection devices against X-rays, for medical purposes

• pulse meters

• pumps for medical purposes

• quad canes for medical purposes

• quartz lamps for medical purposes

• radiological apparatus for medical purposes

• radiology screens for medical purposes

• radiotherapy apparatus

• radium tubes for medical purposes

• receptacles for applying medicines

• respirators for artificial respiration

• resuscitation apparatus

• saws for surgical purposes

• scalpels

• scissors for surgery

• sex toys

• slings [supporting bandages]

• soporific pillows for insomnia

• sphygmotensiometers / arterial blood pressure measuring apparatus / sphygmomanometers

• spirometers [medical apparatus]

• spittoons for medical purposes

• splints, surgical

• spoons for administering medicine

• stents

• sterile sheets, surgical

• stethoscopes

• stockings for varices

• strait jackets

• stretchers, wheeled

• supports for flat feet

• surgical sponges

• surgical apparatus and instruments

• surgical drapes

• surgical implants comprised of artificial materials

• suspensory bandages

• suture needles

• suture materials

• syringes for injections

• syringes for medical purposes

• teething rings

• temperature indicator labels for medical purposes

• testing apparatus for medical purposes / apparatus for use in medical analysis

• thermal packs for first aid purposes

• thermo-electric compresses [surgery]

• thermometers for medical purposes

• thread, surgical

• tips for crutches for invalids

• tomographs for medical purposes

• tongue scrapers

• traction apparatus for medical purposes

• apparatus for the treatment of deafness

• trocars

• trusses / hernia bandages

• ultraviolet ray lamps for medical purposes

• umbilical belts

• urethral probes

• urethral syringes

• urinals [vessels]

• urological apparatus and instruments

• uterine syringes

• vaginal syringes

• vaporizers for medical purposes / sprayers for medical purposes

• veterinary apparatus and instruments

• vibromassage apparatus

• walking frames for disabled persons

• appliances for washing body cavities

• water bags for medical purposes

• X-ray apparatus for medical purposes

• X-ray photographs for medical purposes

• X-ray tubes for medical purposes

• apparatus and installations for the production of X-rays, for medical purposes

Know the Legal Framework wrt Trademark Law in India

Summing Up

Trademark Class 10 is essential for medical devices, appliances, and health products. For businesses dealing in the medical field, registration of a trademark in this class will secure your brand and will also protect you legally. It will help differentiate your products in an industry with tight regulations. Health products affect people's well-being directly; hence, trademark registration ensures peace of mind. It will prevent counterfeit and imitation products from entering the market. If your business produces or sells medical devices, then registering under Class 10 is the only way for long-term success. This also helps you build a trusted brand in the healthcare sector.

Also, Checkout What is Passing Off Under Trademark?

Trademark Class 10 FAQs

Q1. What products are covered in Class 10?

Medical apparatus, diagnostic instruments, prosthetics, orthopaedic devices, and health monitoring equipment.

Q2. How do I register a trademark in Class 10?

Apply to the appropriate trademark office with your application indicating your medical devices and equipment.

Q3. Is Class 10 for consumer goods?

No, it deals with the medical devices and apparatus used in healthcare, hospitals, and research environments.

Q4. Why is Class 10 significant to medical companies?

It secures your medical products, instils confidence, and safeguards against counterfeiting within the healthcare industry.

Q5. Are medical products registrable in other classes?

Yes, pharmaceutical products are Class 5 and hygiene products are Class 21.