Trademark Class 10 in India: Surgical & Medical Instruments

Thousands of medical devices flood the market every year, but how many of those brands are actually remembered? After the COVID-19 pandemic, competition in the healthcare sector is fiercer than ever. Trademark Class 10 plays a central role in protecting the identity of medical and healthcare products. Yet many businesses treat it as an afterthought until imitation, disputes, or expansion plans force a hard reality check.

As India’s medical device ecosystem expands and competition intensifies, businesses must use trademark registration to anchor their brand. It supports confident expansion and long-term growth in an industry where credibility is of the utmost importance.

This guide explains how businesses can secure that advantage by filing, expanding, and enforcing a trademark under Class 10.

What is Trademark Class 10?

Trademark Class 10 covers medical devices and healthcare equipment under the international Nice Classification system. It applies to physical products used for diagnosis, treatment, surgery, rehabilitation, and patient care. This class focuses on instruments and devices, not medicines or services.

When you register under Class 10, you protect your brand where it matters most. It secures the equipment that reaches hospitals, clinics, laboratories, and global markets. It also gives you control over your brand identity and legal rights to act against trademark infringement.

Key benefits of Class 10 registration:

• Gives exclusive rights to your brand name, logo, or symbol
• Protects against imitation, misuse, or confusingly similar products
• Builds trust and safeguards your reputation
• Strengthens your position in a competitive, regulated market
• Supports partnerships, licensing, and distribution deals
• Covers your expansion across regions and markets
• Creates a valuable intangible asset for your business

With Class 10 registration, medical and healthcare brands can secure their products, maintain credibility, and grow confidently.

Note: Trademark registration under Class 10 does not substitute regulatory approvals required under the Medical Devices Rules, 2017. Medical devices sold in India must also comply with the Central Drugs Standard Control Organization (CDSCO) regulations before commercial use.

Who Should Register Under Trademark Class 10?

Businesses dealing with medical devices and healthcare equipment should register under Class 10 to protect their brand. This includes:

• Manufacturers and developers of medical, surgical, or diagnostic devices, including home-use and mobility equipment
• Dental, orthopedic, and rehabilitation equipment companies
• Importers, exporters, distributors, and private-label brands of medical devices
• Veterinary medical device manufacturers or suppliers
• Startups creating innovative healthcare or monitoring devices

This class also suits health-tech businesses that sell hardware-based medical solutions, even when software plays a supporting role. For example, Philips Healthcare protects its brand under Class 10 for products like MRI machines, where software enhances performance.

Goods Covered Under Trademark Class 10

From complex surgical machines to everyday home-use tools, Class 10 covers the major instruments that healthcare providers use. The table below provides a detailed list of goods covered under Class 10.

Category	Examples of Goods Covered
Medical & Surgical Instruments	Scalpels, forceps, retractors, surgical kits, endoscopes, suturing instruments
Diagnostic & Monitoring Devices	Crutches, prosthetics, orthopedic supports, physiotherapy devices, and traction equipment
Dental Equipment	Dental chairs, drills, braces, aligners, implants, orthodontic tools
Orthopedic & Rehabilitation Equipment	Wheelchairs, walkers, canes, mobility scooters, and patient lifting devices
Mobility & Assistive Devices	Wheelchairs, walkers, canes, mobility scooters, patient lifting devices
Respiratory & Life Support Equipment	Ventilators, CPAP machines, oxygen masks, anesthesia apparatus
Surgical Implants & Prostheses	Hearing aids, vision testing devices, and medical alert systems
Hospital & Clinic Equipment	Artificial joints, plates, screws, and heart valves
Laboratory & Research Devices	Centrifuges, microscopes, diagnostic test kits  (excluding chemical or reagent-based test kits)
Hearing, Vision & Sensory Aids	Nebulizers, thermometers, home-use blood pressure monitors, and first-aid kits
Home Medical Devices	Autoclaves, sterilizers, and medical waste disposal devices
Sterilization & Hygiene Equipment	Surgical sutures, staples, clamps, and fastening instruments
Sutures & Medical Fastening Devices	Surgical sutures, staples, clamps, fastening instruments

With such a wide variety of products under Class 10, registering a trademark helps you protect your brand. 

Goods Not Covered Under Trademark Class 10

While Trademark Class 10 covers a wide range of medical and healthcare devices, it does not cover every product in the healthcare ecosystem. 

• Pharmaceuticals & Medicines: Tablets, capsules, syrups, vaccines (Class 5).
• Medical & Healthcare Services: Hospitals, clinics, physiotherapy services, diagnostic centers (Class 44).
• Software & Digital Solutions: Medical apps, telemedicine platforms, AI diagnostics without hardware (Class 9 or Class 42).
• Scientific & Measuring Instruments: General scientific or industrial measuring instruments not designed or approved for medical or diagnostic use (Class 9).
• Cosmetics & Personal Care Products: Skincare creams, hygiene products, ointments (Class 3).

If you select the wrong class, you risk application rejection or weaker brand protection. Identify the correct class for your business early by using RegisterKaro’s trademark Class Finder.

How to Register a Trademark Under Class 10 in India?

Filing a trademark under Class 10 in India involves a few key steps:

1. Conduct a Trademark Search: Check if your brand name or logo is already in use. RegisterKaro’s trademark availability check tool can help identify if your desired name or logo is available.
2. Select the Correct Class and Goods Description: Clearly define the products to be protected under Class 10 for precise coverage.
3. File the Application (TM-A Form): Submit online via the IP India Trademark Portal with applicant details, brand logo or name, and product description.
4. Examination of Application: The trademark examiner actively reviews the application to check compliance and identify potential conflicts. Any trademark objection must be addressed promptly.
5. Publication in Trademark Journal: The Trademark Registry publishes the trademark in the Trademark Journal for 4 months. This allows third parties to raise any objections. 
6. Receive Registration Certificate: If no trademark opposition arises or if you resolve it in your favor, the Trademark Registry registers the trademark and grants you exclusive rights.
7. Maintain & Renew Your Trademark: Trademarks last 10 years. Trademark renewal can be done indefinitely to ensure ongoing protection for your brand.

Following these steps helps businesses secure their medical device brand, safeguarding credibility in India’s healthcare market.

At RegisterKaro, we simplify the trademark registration process for businesses. With years of experience and deep expertise in Class 10 trademarks, we guide you through every step. We help ensure your brand is fully protected and compliant with Indian laws. Contact us today!

Multi-Class Filing: Trademark Class 10 and Related Classes

Medical device and healthcare brands often operate across multiple product categories. Filing in only one class can leave your other offerings unprotected and expose your business to legal risks.

Here are some different trademark classes related to Class 10:

Class	What It Covers	Relation to Class 10
Class 5	Pharmaceuticals, vitamins, medical supplements	Often sold alongside Class 10 medical devices; requires a separate filing
Class 9	Scientific and medical measuring instruments, software, and diagnostic apps	Some diagnostic devices have hardware-software components
Class 44	Medical and healthcare services, clinics, physiotherapy	Businesses providing devices plus healthcare services may need this class
Class 3	Cosmetics, skincare, hygiene products	Some healthcare brands sell personal care products alongside Class 10 devices

Filing across multiple classes helps you fully protect your brand across all products and services. For example, 3M operates in surgical and safety devices (Class 10), healthcare products like bandages (Class 5), and diagnostic tools (Class 9). This secures its brand identity across multiple segments.

Common Mistakes When Filing Under Class 10 and How to Avoid Them

Even experienced businesses can make errors when they file under Class 10 of trademarks. These mistakes can delay registration, trigger objections, or weaken your legal protection. Here are the most common pitfalls and how to avoid them:

• Choosing the Wrong Class: Confusing Class 10 with Class 5 (pharmaceuticals) or Class 44 (medical services). Double-check your product description before filing.
• Vague or Inaccurate Description: Broad terms like “medical devices” can cause objections. Be specific, e.g., “ECG machines, blood pressure monitors, surgical kits.”
• Ignoring Multi-Class Filing: Selling devices plus software or pharmaceuticals? File in all relevant classes to ensure full protection.
• Using Generic Names: Names like “Best Medical Tools” are hard to protect. Opt for unique, creative, or coined names.
• Skipping a Trademark Search: Overlooking existing trademarks can lead to conflicts. Always search thoroughly before filing.

Avoid costly mistakes and protect your brand the right way. Let RegisterKaro guide you through every step of your Class 10 trademark registration, ensuring your medical device brand is filed correctly.

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