Trademark Class 10: Medical Devices and Surgical Instruments

Trademark Class 10 overview: medical devices and surgical instruments

Trademark Class 10 is for medical devices, meaning apparatus and instruments used by doctors, dentists, vets and patients. Syringes, catheters, surgical instruments, BP monitors, glucometers, pulse oximeters, nebulisers, hearing aids, orthopaedic belts, knee supports, artificial limbs, dental equipment and X-ray machines for medical use are filed here. Condoms, menstrual cups, breast pumps, feeding bottles and massagers also belong to Class 10.

The simple rule: if it is a device or article for health care, it is Class 10. If it is a medicine, a supplement, a bandage or a diaper, it is Class 5. Medical software that is downloaded goes to Class 9, and wheelchairs go to Class 12.

Class 10 heading explained

The Trade Marks Registry follows the Nice Classification, as Section 8 of the Trade Marks Act, 1999 requires. The Class 10 heading covers these parts:

Quick facts on Class 10

Goods in Class 10: list by medical use

The Class 10 list is long and technical. These groups follow how Indian device makers, importers, distributors and hospital suppliers describe their range.

Diagnostic and monitoring devices

• Blood pressure monitors, digital thermometers for medical use and pulse oximeters
• Blood glucose meters and lancets
• Stethoscopes, ECG machines and patient monitors
• X-ray, ultrasound, CT and MRI apparatus for medical purposes
• Diagnostic apparatus for medical use, such as test strip readers

Hospital and surgical goods

• Syringes, needles, cannulas, catheters and IV sets
• Scalpels, forceps, surgical scissors and other surgical instruments
• Surgical gloves and masks for medical personnel
• Sutures, stents, pacemakers and surgical implants of artificial materials
• Operating tables, beds made for medical use and patient stretchers
• Surgical robots and anaesthesia apparatus

Respiratory and therapy devices

• Nebulisers, oxygen masks and respirators for artificial breathing
• CPAP machines and oxygen concentrators for medical use
• Physiotherapy apparatus, TENS units and electric heating pads for medical use
• Massage apparatus, massage guns and foot massagers

Dental and eye care apparatus

• Dental chairs, dental drills, dental instruments and impression trays
• Artificial teeth, dentures and orthodontic appliances
• Ophthalmic instruments used by eye doctors
• Artificial eyes

Orthopaedic and assistive goods

• Knee caps, ankle binders, lumbar and abdominal belts
• Cervical collars, splints, slings and posture correctors
• Orthopaedic footwear and insoles, compression stockings
• Artificial limbs and prosthetic parts
• Hearing aids and walking frames for disabled persons

Mother, baby and personal health

• Feeding bottles, bottle teats and baby pacifiers
• Breast pumps and nipple shields
• Menstrual cups
• Condoms and other sexual wellness devices
• Ear plugs for noise protection

Veterinary instruments

• Veterinary syringes, instruments and apparatus
• Obstetric apparatus for cattle

Goods outside Class 10

Health products are split across several classes depending on whether they are a device, a substance or a service. These are the usual errors:

Who should file in Class 10?

Any brand placed on a medical device or a health article needs Class 10. Typical applicants in India are:

• Medical device manufacturers, including units in Ahmedabad, Hyderabad and other device clusters
• Importers and distributors who sell devices under their own brand
• Home health brands selling BP monitors, oximeters, nebulisers and glucometers
• Orthopaedic support and physiotherapy product makers
• Dental equipment and dental lab brands
• Hearing aid and assistive device companies
• Baby care brands selling feeding bottles and breast pumps
• Sexual wellness and menstrual cup brands
• Hospital supply companies selling syringes, gloves and catheters

Classes related to Class 10

Health businesses usually need more than one class. These comparisons settle the common confusion.

Class 10 vs Class 5: device or substance

Class 10 is for instruments and articles, while Class 5 is for medicines and things applied to the body. A glucometer is Class 10, but the test reagents used with it are Class 5. A knee support is Class 10, but a crepe bandage used as a dressing is Class 5. A health brand with devices and medicines should file both.

Class 10 vs Class 9: medical device or electronics

Electronic devices made for medical use, like BP monitors and ECG machines, stay in Class 10. A downloadable app that tracks health data is Class 9. Ordinary thermometers for weather or labs are Class 9, while medical thermometers are Class 10. Smartwatches are Class 9 even when they measure heart rate.

Class 10 vs Class 12: mobility aids

Wheelchairs and mobility scooters are vehicles, so they are Class 12. Walking frames, crutches and similar aids for disabled persons are Class 10. A mobility brand selling wheelchairs and walkers should register both classes.

Class 10 vs Class 44: products and medical services

Class 10 protects the device brand. Running a hospital, clinic, diagnostic lab, dental clinic or telemedicine service is a Class 44 service. A hospital chain that also sells devices under its name needs Classes 10 and 44.

Nice wording for Class 10

India applies the Nice edition in force on the filing date, and NCL 13-2026 has applied since 1 January 2026. The current Class 10 heading names therapeutic and assistive devices for persons with disabilities, massage apparatus, articles for nursing infants and sexual activity devices directly, so these no longer need guesswork.

The explanatory note keeps dressings, absorbent sanitary articles and implants made of living tissue in Class 5. Check your goods against the WIPO Nice list before filing, because vague terms like "medical products" draw objections.

Writing the goods description for medical devices

• Name the devices, for example "blood pressure monitors, pulse oximeters, nebulisers", not "healthcare equipment".
• Write "for medical purposes" where the Nice list does, such as "thermometers for medical purposes".
• Add the devices you plan to launch, since the list cannot be widened after filing.
• Keep reagents, dressings and medicines for a Class 5 filing.
• Match the product names to those in your device licence application, so the records line up.

Names that face objections in Class 10

Section 9 blocks names that only describe the device or its purpose. Words like care, cure, health, med, surgi, ortho, pulse, sugar or heal are weak on their own. "Ortho Care Belts" would face an objection, while a coined word can pass.

Under Section 11, names close to earlier marks for similar goods are refused. Because device names are used by doctors, nurses and patients, confusion can affect safety, and examiners and courts take similarity seriously in the health sector. Search Classes 5, 10 and 44 together before choosing a name.

Medical device licence: separate from trademark

A trademark does not permit you to make or sell a medical device. In India, devices are regulated under the Medical Devices Rules, 2017, made under the Drugs and Cosmetics Act, 1940.

Imports of all classes need a licence from the Central Licensing Authority, applied for on the CDSCO online portal. Device licensing became mandatory for all risk classes in phases, with Class C and D devices covered from 1 October 2023. File the trademark early, because the brand name appears on the licence, labels and instructions for use.

Check your Class 10 brand name

Type the name into the search box at the top of this page. It shows identical, similar and sound-alike marks in Class 10 with their status. Then run the same name on the IP India public search, using phonetic search.

Also check Class 5 and Class 44, because a medicine brand or a hospital chain with a similar name can block your device brand. Our trademark search covers all 45 classes.

Registering a Class 10 trademark: steps

1. Search the name in Class 10 and related classes. If a product could fit Class 5 or Class 10, check it in the trademark class finder.
2. Prepare the device list, logo and first use date, or file as proposed to be used.
3. File Form TM-A on the IP India portal and pay the fee. The application number is generated at once, and TM can be used.
4. The examiner issues a report. Any objection needs a reply within one month.
5. Accepted marks go into the Trade Marks Journal, open to opposition for four months.
6. The certificate follows if there is no opposition or it is rejected. Protection runs ten years from the application date.

Documents required for Class 10

• Applicant details and, for companies or LLPs, the incorporation certificate
• Logo in JPG format if filing the logo
• Invoices, catalogues or tender documents showing use, if earlier use is claimed
• Udyam or DPIIT certificate for the lower fee
• Form TM-48 when an agent or advocate files

Class 10 trademark fee

A home health brand filing Classes 5 and 10 pays two class fees. Professional fees for search, filing and replies are charged on top of the government fee.

Common mistakes in Class 10 filings

• Filing sanitary pads, diapers or bandages in Class 10, when they are Class 5.
• Filing a health app in Class 10 instead of Class 9.
• Putting wheelchairs in Class 10 instead of Class 12.
• Using broad words like "medical equipment" without naming devices.
• Choosing a descriptive name built from care, health or ortho.
• Printing ® on device labels before registration, which Section 107 forbids.

What happens with a wrong class

The class of an application is fixed once filed. A diaper brand that files only in Class 10 has no protection for diapers in Class 5, and another business can register the same name there. A new application in the right class is the only fix, and it carries a later date.

All Class 10 devices can go in one application with one fee. Goods from several classes can share a multi-class application, with the fee charged per class.

Why register a medical device brand

• Exclusive rights to the brand for the listed devices across India.
• Stronger trust with hospitals, doctors and pharmacies who buy on brand name.
• A legal basis to act against fake devices and copied packaging.
• Smoother tenders and distributor agreements, which often ask for brand ownership.
• An asset that can be licensed to contract manufacturers or assigned.

Is it Class 10? Quick table

HSN chapters for Class 10 goods

GST does not follow the trademark class. Most medical, surgical and dental instruments, orthopaedic goods and X-ray apparatus fall under HSN Chapter 90. Condoms and surgical gloves of rubber fall under Chapter 40. Check exact codes and rates with our HSN code finder, and see the HSN code for medicines page for Class 5 products.

Fake medical devices and copied brands

Duplicate oximeters, thermometers, BP monitors and syringes are sold online and in local markets, often with copied names and packaging. Faulty readings or unsafe devices can harm patients. A registered mark lets the owner sue for infringement, obtain an injunction, have stock seized and remove fake listings from marketplaces.

Keep test purchase bills, photos, listing screenshots and lab results ready. Criminal complaints for false trademarks can be filed under Sections 103 and 104, and unsafe devices can also be reported to the drug regulator.

Brand name, logo and label

Device brands appear on the product body, the carton and the instructions for use. File the word mark to protect the name in any form. File the logo too if hospitals and patients know the product by its design or colour.

Keep the same brand name across the trademark, the device licence and the label. Different spellings in these documents create problems in enforcement.

After your Class 10 registration

• Use the mark on all listed devices; five years without use can lead to removal.
• Watch the Trade Marks Journal for similar names in Classes 5, 9, 10 and 44, and oppose within four months.
• Renew the registration every ten years with Form TM-R.
• Keep invoices, tender awards and catalogues as proof of use.

Examples of class choice for Class 10 businesses

Example 1: A device startup in Ahmedabad sells pulse oximeters and a companion app. It files Class 10 for the oximeters and Class 9 for the app.

Example 2: An orthopaedic support maker in Delhi sells knee caps, lumbar belts and crepe bandages. It files Class 10 for the supports and Class 5 for the bandages.

Example 3: A baby care brand in Mumbai sells feeding bottles and baby wipes. It files Class 10 for the bottles and Class 3 for the wipes.

Example 4: A dental clinic chain in Hyderabad sells its own range of dental appliances. It files Class 10 for the appliances and Class 44 for the clinics.