Class 10 surgical,
medical, dental and veterinary apparatus and instruments, artificial limbs,
eyes and teeth; orthopedic articles; and suture materials. Class 10 is one of
45 classes used by the U.S. Patent and Trademark Office (USPTO) when grouping
products or services.
trademarks in Class 10 include:
METASTAT (medical device for use in diagnosis of cancer),
NUVENT (apparatus for use in sinus dilation surgery), QPOINT (anti-bacterial
filters), and ISOCARE (medical gloves).
You would choose
Class 10 if you were registering any of these types of goods:
- special furniture for medical use;
- hygienic rubber articles;
- supportive bandages.
For a complete listing of all goods in Class 10, see below.
If you are not sure whether you should register in Class 10,
you might also consider the following “coordinated” classes: Class 5 -
Pharmaceuticals, Class 35 -
Advertising and Business Services, Class 42 -
Science and Technology Services, Class 44 -
Medical and Vet Services. A coordinated class is one that is related
to another class, usually because the USPTO has determined that applicants
filing within Class 10 often file in the coordinated classes, too.
Why use the class
system? Trademark registration is based on a class system. For each class
of goods or services that you register, you must pay a separate registration
fee. So if you apply for a trademark for posters (Class
16) and shirts (Class
25), you must pay two fees. You must indicate the correct class at the time
you are registering a trademark. If you list the incorrect class, you must
start the application process over. Your registrations are restricted to those
classes that encompass the goods or services you are already offering (as shown
by the specimens you submit) or that you plan to offer (if you are registering
on an intent-to-use basis). You may also need information about the class
number in order to narrow a search of the USPTO’s trademark database.
Specimens for Class 10
If the mark is used in commerce, you must furnish a specimen
of the mark as consumers see it. The specimen must show the mark as used on or
in connection with the goods in commerce.
A trademark specimen should be a label, tag, or container for the goods,
or a display associated with the goods. A photocopy or other reproduction of a
specimen of the mark as actually used on or in connection with the goods is
In most cases, where the trademark is applied to the goods
or the containers for the goods in Class 10 by means of labels, a label is an
acceptable specimen. Shipping or mailing labels may be accepted if they are
affixed to the goods or to the containers for the goods and if proper trademark
usage is shown. They are not acceptable if the mark as shown is merely used as
a trade name and not as a trademark. An
example of this is the use of the term solely as a return address.
Stamping a trademark
on the goods, on the container, or on tags or labels attached to the goods
or containers, is a proper method of trademark affixation. The trademark may be
imprinted in the body of the goods, as with metal stamping; it may be applied
by a rubber stamp; or it may be inked on by using a stencil or template. When a
trademark is used in this manner, photographs or facsimiles showing the actual
stamping or stenciling are acceptable as specimens.
The terminology “applied to the containers for the goods”
means applied to any type of commercial packaging that is normal for the
particular goods as they move in trade.
Thus, a showing of the trademark on the normal commercial package for
the particular Class 10 goods is an acceptable specimen. For example, gasoline pumps are normal
containers or “packaging” for gasoline.
A specimen showing use of the trademark on a vehicle in
which the goods are marketed to the relevant purchasers may constitute use of
the mark on a container for the goods, if this is the normal mode of use of a
mark for the particular goods
For More Information on Trademarks and Federal Registration
See Nolo’s Trademark
Center or consider Nolo’s
Online Trademark Application
Complete Listing of All Goods in Class 10 Based on Taxonomy
- Physical therapy
equipment, belts, electric, for medical purposes, galvanic therapeutic
appliances, heating cushions [pads], electric, for medical purposes/heating
cushions, electric, for medical purposes/heating pads, electric, for medical
purposes, hot air therapeutic apparatus, hot air vibrators for medical
purposes, physical exercise apparatus, for medical purposes, physiotherapy
apparatus, esthetic massage apparatus, gloves for massage, massage
apparatus, vibromassage apparatus.
and rehabilitation equipment, body rehabilitation apparatus for medical
protection devices, ear plugs [ear
protection devices], hearing protectors.
aids and pacifiers, breast pumps, dummies [teats] for babies/babies'
pacifiers [teats]/pacifiers for babies/teats, feeding bottle teats, feeding
bottles/babies' bottles, feeding bottle valves, teething rings.
- Sex aids,
love dolls [sex dolls].
and veterinary apparatus and instruments, abdominal pads, acupuncture
needles, aerosol dispensers for medical purposes, armchairs for medical or
dental purposes, apparatus for artificial respiration, bandages for joints,
anatomical/supportive bandages, basins for medical purposes, bed pans/hygienic
basins, cases fitted for medical instruments, obstetric apparatus for cattle,
containers especially made for medical waste, cupping glasses, defibrillators,
dialyzers, douche bags, drainage tubes for medical purposes, dropper bottles
for medical purposes, droppers for medical purposes, elastic stockings for
surgical purposes/elastic stockings [surgery], electric acupuncture
instruments, electrodes for medical use, enema apparatus for medical purposes,
fumigation apparatus for medical purposes, hypodermic syringes, ice bags for
medical purposes, incubators for medical purposes, incubators for babies,
inhalers, injectors for medical purposes, instrument cases for use by doctors,
insufflators, lamps for medical purposes, lancets, lasers for medical purposes,
medical apparatus and instruments, needles for medical purposes, nursing
appliances, obstetric apparatus, quartz lamps for medical purposes,
radiotherapy apparatus, radium tubes for medical purposes, receptacles for
applying medicines, respirators for artificial respiration, resuscitation
apparatus, spittoons for medical purposes, spoons for administering medicine,
stockings for varices, suspensory bandages, syringes for injections, syringes
for medical purposes, thermal packs for first aid purposes, tongue scrapers,
traction apparatus for medical purposes, trusses/hernia bandages, ultraviolet
ray lamps for medical purposes, urinals [vessels], urological apparatus and
instruments, vaporizers for medical purposes/sprayers for medical purposes,
veterinary apparatus and instruments, water bags for medical purposes.
devices, condoms, contraceptives, non-chemical.
examination, and monitoring equipment, blood testing apparatus, diagnostic
apparatus for medical purposes, electrocardiographs, gastroscopes,
hematimeters, ophthalmometers, ophthalmoscopes, probes for medical purposes,
pulse meters, sphygmotensiometers/arterial blood pressure measuring
apparatus/sphygmomanometers, spirometers [medical apparatus], stethoscopes,
temperature indicator labels for medical purposes, testing apparatus for
medical purposes/apparatus for use in medical analysis, thermometers for
imaging apparatus, filters for ultraviolet rays, for medical purposes,
radiological apparatus for medical purposes, radiology screens for medical purposes,
X-ray tubes for medical purposes, X-ray photographs for medical purposes.
apparatus for medical purposes, apparatus and installations for the
production of X-rays, for medical purposes, protection devices against X-rays,
for medical purposes.
and wound treating equipment, anaesthetic apparatus, anaesthetic masks,
balling guns, appliances for washing body cavities, bougies [surgery], brushes
for cleaning body cavities, cannulae, castrating pincers, catheters,
compressors [surgical], corn knives, cutlery [surgical], ear picks, finger
guards for medical purposes, forceps, knives for surgical purposes, medical
guidewires, microdermabrasion apparatus, mirrors for surgeons, pumps for
medical purposes, saws for surgical purposes, scalpels, scissors for surgery,
splints, surgical, surgical sponges, surgical apparatus and instruments,
thermo-electric compresses [surgery], trocars, urethral probes, urethral
syringes, uterine syringes, vaginal syringes.
and wound closing materials and products, catgut, clips, surgical, suture
needles, suture materials, thread, surgical.
equipment, dental burs, dental apparatus and instruments, dental apparatus,
electric, mirrors for dentists, orthodontic appliances, pins for artificial
furniture and bedding, equipment for moving patients, air pillows for
medical purposes, air cushions for medical purposes, air mattresses, for
medical purposes, ambulance stretchers, bed vibrators, hydrostatic [water] beds
for medical purposes/hydrostatic beds for medical purposes/water beds for
medical purposes, beds, specially made for medical purposes, blankets,
electric, for medical purposes, childbirth mattresses, commode chairs, cushions
for medical purposes, dentists' armchairs, draw-sheets for sick beds, furniture
especially made for medical purposes, incontinence sheets, invalids' hoists,
operating tables, pads [pouches] for preventing pressure sores on patient
bodies, soporific pillows for insomnia, sterile sheets, surgical, stretchers,
wheeled, surgical drapes.
clothing, abdominal corsets, abdominal belts, belts for medical purposes,
boots for medical purposes, clothing especially for operating rooms, galvanic
belts for medical purposes, gloves for medical purposes, hypogastric belts, masks
for use by medical personnel, maternity belts, strait jackets, umbilical belts.
and artificial implants, artificial limbs, hair prostheses, pessaries.
organs and implants, artificial skin for surgical purposes, artificial
breasts, artificial eyes, heart pacemakers, lenses [intraocular prostheses] for
surgical implantation/intraocular prostheses [lenses] for surgical
implantation, stents, surgical implants [artificial materials], Hearing aids,
apparatus for the treatment of deafness, ear trumpets, hearing aids for the
prostheses, artificial teeth, artificial jaws, dentures/sets of artificial
and mobility aids, arch supports for footwear, bandages, elastic,
orthopaedic [orthopedic] belts/orthopaedic belts/orthopedic belts, corsets for
medical purposes, crutches, knee bandages, orthopedic, orthopaedic
footwear/orthopedic footwear, orthopedic articles/orthopaedic articles, plaster
bandages for orthopaedic purposes/plaster bandages for orthopedic purposes, slings
[supporting bandages], orthopaedic [orthopedic] soles/orthopaedic
soles/orthopedic soles, supports for flat feet, tips for crutches for invalids.