This article includes goods protected under trademark class 10. This class protects medical supplies, equipment and apparatuses.
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.
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. There are registered and common law trademarks which each have their own benefits.
If you want the benefits of a registered trademark, you will need to fill out an application to register with the USPTO.
How to Register a Trademark with the USPTO
Anyone can fill out an application to register a trademark with the USPTO online. There are a few different kinds of trademark applications including the TEAS Plus, the TEAS Reduced Fee, and the TEAS Regular form.
Consider hiring an attorney to help you file the right application for you and your business.
Benefits of Registering a Mark
If you want to grow your business, consider registering your trademark. It protects your brand outside of your original location and in online commerce. When you register a mark, it’s also easier to bring legal action against another party infringing on your rights.
Registering a Class 10 Trademark
When you fill out your application, the USPTO will ask you what international trademark class your good or service is. 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.
What Is a Class 10 Trademark?
According to the WIPO, class 10 includes medical apparatuses, equipment, and supplies. These products range from rehabilitation tools, to 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 it doesn’t fall under other classes as well.
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 for physical therapy and physiotherapy help with rehabilitation after injury or trauma. These items used for medical purposes are in class 10. Some examples include: heating pads, physio-therapeutic apparatus, and acupuncture needles.
In addition to equipment for physical rehabilitation, equipment to deal with bone and muscle problems known as orthopedic materials fall 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 all fall under medical supplies.
Sexual and Reproductive Health
Items for sexual and reproductive health fall under class 10. Some examples include menstrual cups, non-chemical birth control and other medical supplies pertaining to reproductive organs for medical purposes.
Not only medical supplies for humans fall into this category. Medical supplies for your pets are also in class 10. A lot of the equipment found in a veterinary office will fall under this class. The types of supplies in this category are generally the animal equivalent of medical supplies used for human care.
Surgical supplies including sutures, splints, stents, and other surgical equipment like cutlery and instruments are considered medical supplies that fall under class 10.
Although you may not find these things in a hospital, dental supplies also fall under class 10 medical goods. Items including dentures, dental burs, orthodontic supplies, and electric dental apparatuses are a part of this class.
Before a doctor can treat symptoms or surgery can be performed, diagnostic materials assess your health. Items such as body composition monitors, heart rate monitors, thermometers for medical purposes, and other diagnostic equipment fall under class 10.
X-ray devices for medical purposes are in this class. Some x-ray appliances fall into other classes like class 9, but if it is for a medical purpose it is in class 10.
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 and supportive clothing are in this class.
Other Medical Supplies
Many other types of medical supplies fall into this class. Nursing aids, protective hearing materials, and things like the plastic tips on crutches all fall under trademark class 10.
Items Not Included in Class 10
Although many medical supplies are included in class 10, the WIPO lists a few items that are not. These items include:
- Medical dressings such as bandages and gauze for dressing (Cl. 5)
- Sanitary absorbent products such as tampons, nursing pads and materials for incontinence (Cl. 5)
- Surgical implants made of living tissue (Cl. 5)
- Tobacco-free cigarettes for medical purposes or e-cigarettes (Cl. 5 and Cl. 34)
- Wheelchairs and mobility scooters (Cl. 12)
- Massage tables and hospital beds (Cl. 20)
Trademark class 10 is for medical equipment and supplies. When you register a trademark to enjoy the legal protections and brand recognition, you will need to know what class your good or service belongs in.
In order to be sure your application is correct and you have figured out all of the trademark class protections you need, consider consulting with an attorney.