Introduction
When you’re manufacturing or selling surgical instruments and medical devices, protecting your brand becomes as important as product quality. Many businesses in the healthcare and surgical tools sector are unaware that their product categories fall under Trademark Class 10—a classification that covers a wide range of medical, surgical, and dental apparatus. Filing a trademark under the wrong class or missing out on relevant subcategories can leave your brand exposed to imitation or legal challenges.
In this guide, we’ll break down everything you need to know about Trademark Class 10, focusing on which surgical equipment falls under it, the importance of accurate classification, common mistakes, and how to register your trademark successfully. Whether you’re a startup making orthopedic implants or a large manufacturer of surgical scissors, this blog is for you.
What is Trademark Class 10?
Trademark Class 10 is one of the 45 trademark classes under the Nice Classification system used globally for trademark registration. Specifically, Class 10 covers:
“Surgical, medical, dental, and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopedic articles; suture materials.”
In simpler terms, if your product helps in surgery, medical treatment, patient care, diagnostics, or rehabilitation, it most likely falls under Class 10.
Why Classification Matters for Surgical Equipment
Correct trademark classification ensures:
- Legal protection within your relevant industry.
- No rejection due to incorrect or vague classification.
- Smooth opposition defense, in case someone challenges your mark.
- Clear brand identity in the medical product space.
If you manufacture or sell surgical items and don’t file under Class 10, your brand could face objections or even lose protection entirely.
Full List of Surgical Equipment Covered Under Class 10
Here’s a detailed breakdown of surgical and related medical products covered under Class 10:
✅ Common Surgical Instruments
- Scalpels
- Forceps
- Retractors
- Surgical scissors
- Clamps and hemostats
- Surgical needles and blades
- Trocar and cannula
- Curettes
- Speculums
- Dilators
✅ Endoscopic and Laparoscopic Instruments
- Laparoscopes
- Arthroscopes
- Surgical cameras
- Endoscopic graspers and dissectors
- Balloon dilators
- Insufflators
✅ Electrosurgical Devices
- Electrocautery units
- RF ablation tools
- Laser scalpels
- Ultrasonic surgical instruments
- Harmonic scalpels
✅ Diagnostic and Monitoring Equipment (if surgical-related)
- Surgical navigation systems
- Intraoperative imaging devices
- Neuromonitoring systems
- Pulse oximeters used during surgery
- Anesthesia machines
✅ Orthopedic and Implantable Devices
- Bone plates and screws
- Intramedullary nails
- Spinal implants and cages
- Joint replacement devices
- Surgical drills and burrs
✅ Wound Closure and Suturing
- Surgical staples
- Skin adhesives
- Absorbable and non-absorbable sutures
- Suture needles
✅ Specialized Surgical Kits and Tools
- Trauma surgical kits
- Dental surgical kits
- Ophthalmic surgical toolkits
- ENT surgical instruments
✅ Robotics and AI-Assisted Surgical Tools
- Surgical robotic arms
- Automated endoscopic systems
- Software linked to surgical robots (when bundled as medical equipment)
What is Not Included in Class 10?
To avoid misfiling, you should know what’s excluded from Class 10:
- Software (not embedded in a medical device) – Falls under Class 9.
- Medical furniture – Like examination tables or hospital beds, which fall under Class 20.
- Non-medical protective gear – Like industrial gloves, covered under Class 9.
- Pharmaceuticals and drugs – Covered under Class 5.
- Medical consultation services – Covered under Class 44.
Always make sure the product is a physical medical device or instrument used for surgery, diagnosis, or treatment.
When Should You File a Class 10 Trademark?
You should apply under Class 10 if:
- You manufacture surgical instruments or tools.
- You sell or distribute surgical products under your brand.
- You export/import branded surgical equipment.
- You’ve created a proprietary surgical device with unique features or packaging.
- Your company name is tied directly to surgical equipment branding.
Even if your main brand operates in multiple classes (e.g., Class 5 for medicines, Class 9 for diagnostic software), you must file separately under Class 10 for the surgical products to ensure complete protection.
Benefits of Registering Surgical Brands Under Class 10
🔐 Legal Brand Protection
Prevents competitors from registering a confusingly similar name for similar products.
🧠 Consumer Recognition
Protects your brand identity in hospitals, clinics, and among procurement departments.
🚫 Prevents Copycats
You can stop counterfeiters or local vendors from using your product’s name or logo.
📦 Packaging and Design Protection
Registering your product’s name or logo also helps in preventing duplication of packaging.
🌐 Helps with International Trademark Filings
If you plan to expand globally, your Indian Class 10 trademark can be used to apply in other jurisdictions under the Madrid Protocol.
How to Register a Surgical Equipment Trademark Under Class 10 (Step-by-Step)
Step 1: Conduct a Trademark Search
- Use the IP India Public Search Tool to check for existing similar marks.
- Focus on the “Class 10” section while filtering.
Step 2: Prepare Your Trademark Application
Details you’ll need:
- Brand name and logo (if applicable)
- Business name and address
- Description of products (e.g., “surgical scissors and scalpels”)
Step 3: File Online on the IP India Portal
- Choose Form TM-A
- Choose either individual/startup or company category for correct fee structure
- Pay the government fee (₹4,500 to ₹9,000 depending on entity type)
Step 4: Trademark Examination
- After filing, the Registrar examines the application for conflicts or deficiencies.
- This process may take 30–60 days.
Step 5: Respond to Objections (if any)
- If there are any Section 9 or 11 objections, respond within the given timeframe.
Step 6: Trademark Publication in Journal
- If accepted, your trademark is published in the Trademark Journal for 4 months.
Step 7: Certificate of Registration
- If no opposition is filed, your brand is officially registered and valid for 10 years.
Common Mistakes to Avoid
- Wrong class selection: Don’t file under Class 5 or Class 9 for surgical tools.
- Generic names: Avoid naming your product with common terms like “SurgicalPro” or “OrthoTech.”
- No trademark search: Leads to conflicts or rejection.
- Delaying filing: Someone else might file before you.
- Not filing logo: Protect both name and visual identity together.
Should You File in Multiple Classes?
If your brand sells multiple types of products, like:
- Surgical instruments (Class 10)
- Diagnostic software (Class 9)
- Medicines (Class 5)
- Hospital beds (Class 20)
Then yes, a multi-class application or separate filings are essential. This gives you complete brand coverage and avoids legal loopholes.
Final Thoughts
If you are in the surgical tools business and planning to build a strong brand, Trademark Class 10 is your first line of defense. Whether you’re launching a new product or scaling up an established company, registering your brand under the correct class not only provides legal protection but also boosts customer trust and credibility. From scalpels to orthopedic implants and from robotic surgery tools to dental kits—everything must be accurately covered.
Don’t take the risk of leaving your brand unprotected. It takes years to build a reputation and just a few weeks for someone to misuse your identity if you’re not careful.
About VMK Professionals
VMK Professionals is a leading consultancy in India, offering expert services in trademark registration, intellectual property rights, company incorporation, FSSAI licensing, GST compliance, and more. With a team of highly qualified legal experts and consultants, we help businesses—big and small—protect their brand legally and grow confidently in the competitive market.
Looking to register your surgical brand under Trademark Class 10? We can help you every step of the way—from name search to final certification.
👉 Contact VMK Professionals today and secure your brand the right way.
