Trademark Class 10: List of Surgical and Medical Instruments

The term “Trademark Class 10” means a class of the Trademark Classes which deals explicitly with the goods, such as Surgical and Medical Instruments. Further, all the goods and instruments, such as dental, surgical, medical and veterinary instruments and apparatus, limbs and teeth, artificial eyes, orthopaedic articles, suture materials, etc.

In this blog, we will discuss the topic of Trademark Class 10 and the items termed as Surgical and Medical Instruments.

Concept of Trademarks in India

The term Trademark denotes a symbolic representation that acts as a shield for the name, shape, phrase, design, logo, colour sequence, etc. Further, the term shield denotes the protection against duplication.

The main purpose of a Trademark Registration is to facilitate differentiation between the goods and services of the competitors.

Moreover, a registered trademark has a validity of a period of 10 years and is qualified for Trademark Renewal as well.

Governing Framework for Trademarks

In India, the Controller General of Patents Designs and Trademarks or CGPDT acts as the Governing Authority for Trademarks. Further, the Trademarks Act 1999 works as the Governing Law for Trademarks.

Aim of Trademark Registration

The main aim of the Registration under Trademark is to facilitate differentiation of the goods and services of certain fields. As a result, it is always advisable that every manufacturer and service provider must apply for Trademark Registration.

Concept of Trademark Classification

The classes under which a service provider or a manufacturer can apply for the Registration are termed as Trademark Classes.

Moreover, these classifications are defined based on the “classes” provided in the NICE Classification.

At present, there are 45 different Classifications of Trademark specified under the Trademarks Act 1999.

Further, classes 1 to 34 are known as Trademark Classes for Goods. In contrast, the remaining 11 classes, i.e., from trademark class 35 to 45, are known as Trademark Classes for Services.

Also, it shall be significant to mention that at present, there are more than 8000 services and goods covered under the concept of Trademark Classifications.

Concept of TM Search in India

The term TM Search denotes the process under which an applicant or individual decides to find an accurate class for his/ her goods or services

Further, this process is known with other names as well, such as Trademark Public Search, TM Public Search, Public Search, and Trademark Search.

Also, the database or catalogue used in the process is known as Indian Trademark Registry Database [1] or ITRD.

Concept of Trademark Class 10

The term “Trademark Class 10” denotes a category in the Trademark Classifications that deals explicitly with goods or items that are related to Surgical and Medical Instruments.

Further, all the goods and instruments such as dental, surgical, medical and veterinary instruments and apparatus, limbs and teeth, artificial eyes, orthopedic articles, suture materials, etc are covered under this trademark class.

Example: Baxter by Baxter Travnol Laboratories Inc.

Items Included under Trademark Class 10

The items included under the Trademark Class 10 are as follows:

1. X-ray Apparatus used for Medical Purposes;
2. Therapeutic and Prosthetic Articles;
3. Devices used for the Implantation Composed of the Artificial or Synthetic Materials;
4. Suture and Wound Closing Items and Materials;
5. Surgical Equipment;
6. Wound Treating Equipment;
7. Supportive Bandages;
8. Special Clothing for Medical Purposes;
9. Prosthetics and Artificial Implants;
10. Rehabilitation and Physiotherapy Equipment;
11. Orthopedic Aids;
12. Mobility Aids;
13. Medical Imaging Apparatus;
14. Medical Clothing;
15. Medical Apparatus and Instruments;
16. Veterinary Apparatus and Instruments;
17. Hygienic Rubber Articles;
18. Furniture made particularly for Medical Purposes;
19. Equipment for Moving Patients;
20. Diagnostic Equipment;
21. Monitoring Equipment;
22. Dental Prostheses, Artificial Teeth, and Jaws;
23. Dental Equipment;
24. Artificial Organ and Implants;
25. Articles, Instruments used for Menstruation;
26. Articles, Instruments used for Contraception;
27. Articles, Instruments used for Childbirth;
28. Hearing Protection Devices;
29. Massage Apparatus;
30. Feeding Aids;
31. Pacifiers;
32. Sex Aids;
33. Contraceptive Products and Devices.

Items Not Included under Trademark Class 10

The items that are not included under the Trademark Class 10 are as follows:

1. Wheelchairs and Mobility Scooters under Trademark Class 12;
2. Tobacco-free Cigarettes used for Medical Purposes under Trademark Class 5;
3. Electronic Cigarettes under Trademark Class 34;
4. Surgical Implants consisted of Living Tissue under Trademark Class 5;
5. Medical Dressings under Trademark Class 5;
6. Absorbent Sanitary Articles under Trademark Class 5;
7. Massage Table and Hospital Beds under Trademark Class 20;

Coordinated Classes for Trademark Class 10

The term Coordinated Classes signifies an event in which a particular item or service falls under the ambit of more than one Trademark Class.

Also, the classes that have a close association with the Goods specified under Trademark Class 10 are as follows:

1. Pharmaceuticals under Trademark Class 5;
2. Advertising and Business Services under Trademark Class 35;
3. Science and Technology Services under Trademark Class 42;
4. Medical and Veterinary Services under Trademark Class 44;

Further, the idea of Related Classes was introduced by the United States Patent and Trademark Office or USPTO.

Furthermore, according to the “USPTO”, an applicant who desires to furnish an application under Class 10 of the Trademark Classifications needs to submit an application in other coordinated classes as well.

Conclusion

In a nutshell, the notion of Trademark Classes plays a significant character in the process of Trademark Registration. Also, it is necessary for the applicant to specify a correct Trademark Class while applying for Registration.

However, it shall be noteworthy to note that even a minute error or omission in the application form can make the applicant start from 0 levels.

Further, all the goods and instruments, such as dental, surgical, medical and veterinary instruments and apparatus, limbs and teeth, artificial eyes, orthopedic articles, suture materials, etc. are covered under Trademark Class 10.

In case of any other doubt and dilemma, contact Swarit Advisors, our experts will guide you through the process of Trademark Registration.