When launching a medical device, securing your trademark is just as important as patenting your innovation. However, many businesses face unexpected rejections while filing trademarks under Trademark Class 10, which covers surgical, medical, dental, and veterinary instruments and apparatus. A rejection doesn’t mean the end—it simply signals that there’s something to fix. In this guide, we’ll explore the top 5 reasons medical device trademarks get rejected and offer practical ways to overcome each challenge.
Let’s ensure your brand gets the legal protection it deserves without unnecessary delays or stress.
Understanding Trademark Class 10: Quick Overview
Trademark Class 10 under the NICE classification system includes:
- Surgical instruments
- Medical diagnostic devices
- Orthopedic articles
- Suture materials
- Medical testing kits
- Electric massage apparatus (not for beauty)
- Prosthetic limbs, hearing aids, and similar equipment
If your product helps treat, monitor, or support human or animal health, chances are it falls under this class.
Why Trademarks Get Rejected (And What You Can Do About It)
Even if your brand name sounds unique to you, the trademark office follows strict rules for approval. Let’s dive into the most common reasons for rejection of Class 10 trademarks and how to fix them strategically.
1. Lack of Distinctiveness
❌ Why It Gets Rejected:
One of the most common reasons trademarks are rejected is because the name is too generic or descriptive. For example, trying to register a trademark like “Surgical Device Pro” for a surgical product is likely to be rejected because it simply describes the product.
✅ How to Fix It:
- Choose a fanciful, arbitrary, or suggestive brand name. These are more likely to pass.
- Avoid using terms like “medical,” “healthcare,” or “device” alone.
- Conduct a preliminary distinctiveness check or consult with a professional before applying.
2. Similarity to Existing Trademarks
❌ Why It Gets Rejected:
If your brand name is similar in sound, appearance, or meaning to an already registered trademark (especially in Class 10), it may cause confusion in the market—and the Registrar will reject it.
✅ How to Fix It:
- Conduct a comprehensive trademark search on the IP India website.
- Use professional tools or services to perform phonetic and visual similarity checks.
- If a similar mark exists, consider modifying your brand name slightly or adding a unique twist to make it distinguishable.
3. Incorrect Class Filing
❌ Why It Gets Rejected:
Filing in the wrong class or selecting overlapping classes without clarity can lead to rejection or unnecessary objections. For example, if you’re marketing a fitness tracker, it may fall under both Class 10 and Class 9 (wearable tech).
✅ How to Fix It:
- Understand your product’s primary function. Is it diagnostic, supportive, or digital in nature?
- Consult a trademark expert to determine whether you need to apply under multiple classes or just one specific class.
- Clearly specify your product description to reflect its core purpose.
4. Improper or Incomplete Documentation
❌ Why It Gets Rejected:
Submitting incomplete forms, incorrect applicant details, or not attaching required documents like the power of attorney (for agents) can delay or lead to outright rejection.
✅ How to Fix It:
- Carefully fill out Form TM-A and ensure all details (including address, applicant name, and class) are correct.
- Attach a clear image of the trademark logo (if applicable).
- Upload supporting documents such as:
- Proof of use (if applicable)
- MSME or Startup India certificate (for discounted fees)
- Power of attorney (if filed by an agent)
- Double-check everything before submission.
5. Objections Based on Deceptiveness or Misleading Terms
❌ Why It Gets Rejected:
If the name implies misleading qualities, such as “SafeCure” for a product that doesn’t guarantee any cure, it may be rejected under Section 9(2)(a) of the Trade Marks Act.
This rule aims to prevent the public from being misled regarding the function or nature of the medical product.
✅ How to Fix It:
- Avoid using words like “cure,” “guarantee,” “best,” or “safe” unless scientifically proven.
- Use neutral, brandable names that do not promise outcomes.
- If your trademark is objected under deceptiveness, you can respond with evidence (like product labeling, disclaimers, or clinical trials) to clarify your brand’s position.
Bonus Tip: Responding to Objections Effectively
Even if your trademark application receives an objection, you still have an opportunity to explain your case.
✍️ How to Respond:
- Read the Examination Report carefully and understand the grounds for objection.
- File a written reply (within 30 days), addressing each concern and citing relevant legal points or proof.
- Attach examples of similar approved trademarks or evidence of usage in the market.
- If needed, attend a hearing to present your case before the Registrar.
Professional guidance at this stage can significantly improve your chances of approval.
Importance of Pre-Application Checks for Class 10
To avoid rejections in the first place:
- Conduct a trademark clearance search.
- Run a distinctiveness check.
- Ensure the trademark doesn’t overlap with internationally recognized medical terms.
- Confirm there’s no similarity with WHO-recommended International Nonproprietary Names (INNs), as these are usually rejected globally.
Should You Use a Professional Trademark Service?
Trademark filing for medical devices isn’t just legal—it’s strategic. A small mistake could cost you months of delay or permanent loss of your brand name.
Here’s what a professional can help you with:
- Detailed product classification (especially if you sell hybrid devices)
- Drafting strong trademark applications
- Responding to objections
- Ensuring global IP protection if you’re exporting
Real-World Case: How a Medical Startup Lost Their Brand
A new health-tech startup launched a smart thermometer named “MedTrack” without a proper trademark check. Months later, they were hit with an opposition notice by a company with a similar name already registered in Class 10. They had to:
- Rebrand completely
- Reprint packaging
- Deal with legal expenses
Lesson? Protect your brand from Day 1 with a proper strategy and check.
Final Thoughts: Build Your Brand with Confidence
Trademark registration isn’t just a legal checkbox—it’s the foundation of your brand identity. Medical devices are serious products, and your trademark is often the first layer of trust your customers recognize. Understanding why trademarks get rejected and how to fix them gives your business a real competitive edge.
Don’t just file and hope. File smart.
About VMK Professionals
At VMK Professionals, we help health-tech startups, medical equipment manufacturers, and established healthcare brands secure their Trademark Class 10 registrations quickly and correctly. With expert guidance, thorough checks, and compliance-first filings, we ensure your brand gets the protection it deserves.
✅ End-to-end trademark services
✅ Objection handling and hearings
✅ Affordable plans for startups and MSMEs
✅ PAN India service
📞 Ready to protect your medical brand?
Contact VMK Professionals today for a free consultation!
