There are 45 international trademark classes recognized by the World Intellectual Property Organization (WIPO).
Each class includes different types of goods and services.
When you register a mark with the United States Patent and Trademark Office (USPTO), your product will fall into one of these classes.
In this article, we'll cover Trademark Class 10, which protects various types of medical supplies, equipment, and apparatuses.
What Is a Trademark?
A trademark is any image, design, logo, phrase, etc. that sets your business apart from others and makes your good or service recognizable to your customer.
If you want the benefits of a registered trademark, you need to formally register your mark with the USPTO.
Anyone can fill out an application to register a trademark with the USPTO online. However, especially if this is your first trademark, you should speak with an attorney before applying.
This is because there are a two different kinds of trademark applications, the TEAS Plus and TEAS Standard forms.
Choosing which form best suits your needs, and filling it out correctly, are both critical to the success of your application.
What is a Class 10 Trademark?
Class 10 includes a wide variety of medical apparatuses, equipment, and supplies.
These products range from rehabilitation tools and veterinary supplies to artificial organs and much more.
Generally, if your product has a medical purpose, it will fall under Class 10.
Remember, just because your product falls under this class doesn’t mean you can ignore the other classes.
In some cases, you might want to register your mark under 2 or more classes in order to receive full protection for your brand.
Registering a Class 10 Trademark
When you fill out your application, the USPTO will ask you what international trademark class (or classes) your good or service falls under.
This can be a tricky question, especially if you make a range of goods and services, or if your product doesn't fit neatly into any one classification.
Like picking the right TEAS form, an attorney can help you pick the right class or classes when registering your mark.
However, below we'll list some of the most common goods you'll find in this class.
Medical Apparatus
An apparatus is a tool or a piece of equipment with a particular purpose.
So, a medical apparatus is a specialized tool or piece of equipment with a purpose related to health and wellness.
Physical Rehabilitation Equipment
Equipment used for physical therapy and physiotherapy can help with rehabilitation after injury or trauma.
These items generally fall under Class 10, but can also appear in other classes, such as Class 5 (medical products) or Class 9 (scientific apparatus).
Some examples include heating pads, physio-therapeutic apparatus, and acupuncture needles.
Orthopedic Materials
In addition to equipment for physical rehabilitation, equipment that helps with bone and muscle problems ("orthopedic materials") also falls under Class 10.
Some examples include orthopedic belts, footwear, soles, and other articles.
Prosthetic and Artificial Organs
Prosthetic and artificial organs, including artificial teeth, jaws, limbs, skin, breasts, and eyes, are all covered by this class.
Sexual and Reproductive Health
Items for sexual and reproductive health fall under Class 10 as well.
Some examples include menstrual cups, non-chemical birth control methods, and other medical supplies pertaining to reproductive organs.
Surgical Supplies
Surgical supplies, including sutures, splints, stents, and other surgical equipment like cutlery and instruments, are considered medical supplies and thus fall under Class 10.
Dental Supplies
Although you may not find these things in a hospital, dental supplies also fall under Class 10.
Items including dentures, dental burs, orthodontic supplies, and electric dental apparatuses are examples of products that register under this class.
Diagnostic Supplies
Before a doctor can treat symptoms or perform surgery, diagnostic materials are used to assess your health.
Items such as body composition monitors, heart rate monitors, thermometers for medical purposes, and other diagnostic equipment all fall under Class 10.
Similarly, x-ray devices also fall under this class.
Medical Furniture and Clothing
A lot of the furniture and clothing found in hospitals will qualify as medical supplies.
Gurneys, surgical drapes, operating tables, and special medical clothing can be found in this class.
Assorted Medical Supplies
Many other types of miscellaneous medical supplies used in hospitals also fall into this class.
Nursing aids, protective hearing materials, and things like the plastic tips on crutches all fall under Trademark Class 10.
Veterinary Supplies
Finally, many different types of veterinary supplies also appear in this category.
Generally speaking, the veterinary equivalent of any of the products listed above will be covered by this class.
Items Not Included in Class 10
Although many medical supplies are included in Class 10, WIPO lists a few specific items that are covered by other classes.
These items include:
- Medical dressings such as bandages and gauze for dressing (Class 5)
- Sanitary absorbent products such as tampons, nursing pads, and materials for incontinence (Class 5)
- Surgical implants made of living tissue (Class 5)
- Tobacco-free cigarettes for medical purposes or e-cigarettes (Class 5 and Class 34)
- Wheelchairs and mobility scooters (Class 12)
- Massage tables and hospital beds (Class 20)
Conclusion
Businesses use trademarks to protect elements of their brand that distinguish particular products or services.
When you register a trademark you will need to know what class your good or service belongs in. Trademark Class 10 generally covers all forms of medical equipment and supplies.
You should speak with an experienced trademark attorney before filing your paperwork.
An attorney can help make sure your application is correct, and can tell you whether or not you've filed your trademark under the correct classes.
