The U.S. Patent and Trademark Office (PTO), the federal agency that oversees the registration of federal trademarks, divides marks into 45 different "classes" of products or services. The purpose of these classes is to allow different types of businesses to register their trademarks into categories most related to their core business. Class 10 includes surgical, medical, dental and veterinary apparatus and instruments, as well as artificial limbs, eyes and teeth.
For a complete listing of all goods in Class 10, see below. For more information about trademarks and federal registration, see Nolo's articles on Trademark.
Examples of Trademarks in Class 10
Examples of Class 10 marks 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, or
- supportive bandages.
Related or Coordinated Classes
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 PTO has determined that applicants filing within Class 10 often file in these other classes, too.
The fees that you will pay to the PTO depend partly on the 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 PTO's trademark database.
Supplying 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 acceptable.
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 considered 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.
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.
- Massage apparatus, esthetic massage apparatus, gloves for massage, massage apparatus, vibromassage apparatus.
- Physiotherapy and rehabilitation equipment, body rehabilitation apparatus for medical purposes.
- Hearing protection devices, ear plugs [ear protection devices], hearing protectors.
- Feeding 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].
- Medical 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.
- Contraceptive devices, condoms, contraceptives, non-chemical.
- Diagnostic, 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 medical purposes.
- Medical 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.
- X-ray apparatus for medical purposes, apparatus and installations for the production of X-rays, for medical purposes, protection devices against X-rays, for medical purposes.
- Surgical 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.
- Suture and wound closing materials and products, catgut, clips, surgical, suture needles, suture materials, thread, surgical.
- Dental equipment, dental burs, dental apparatus and instruments, dental apparatus, electric, mirrors for dentists, orthodontic appliances, pins for artificial teeth.
- Medical 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.
- Medical 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.
- Prosthetics and artificial implants, artificial limbs, hair prostheses, pessaries.
- Artificial 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 deaf.
- Dental prostheses, artificial teeth, artificial jaws, dentures/sets of artificial teeth.
- Orthopedic 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 the disabled.