Understanding trademark classification - Class 10 of the trademark manual

International classification for trademarks - Class 10:

Trademark Class 10 is one of 45 NICE classifications used to classify products and/or services. 

Class 10 for trademarks a brief description: 

Class 10 includes a wide variety of medical apparatuses, equipment, and supplies. These products range from rehabilitation tools and veterinary supplies to artificial organs and much more like Surgical, medical, dental, and veterinary apparatus and instruments; artificial limbs, eyes, and teeth; orthopedic articles; suture materials; massage apparatus; apparatus, devices, and articles for nursing infants; sexual activity apparatus, devices and articles. Generally, if your product has a medical purpose, it will fall under Class 10.

Class 10 for trademarks header: 

Surgical, medical, dental, and veterinary apparatus and instruments; artificial limbs, eyes, and teeth; orthopedic articles; suture materials; therapeutic and assistive devices adapted for persons with disabilities; massage apparatus; apparatus, devices, and articles for nursing infants; sexual activity apparatus, devices, and articles.

Class 10 trademark application Owners:

• NUVENT
• ACI Medical
• Hyperice
• Narang Medical
• PhysioCue
• Vigor Therapy Equipment
• Zynex
• Reveille DME
• Kinex Medical company
• METASTAT

Trademark common confusion between class 10 and other classes:

Although many medical supplies are included in Class 10 there are a few specific items that are covered by other classes, these items include:

• Medical dressings such as bandages and gauze for dressing (Class 5)
• Sanitary absorbent products such as tampons, nursing pads, and materials for incontinence (Class 5)
• Diagnostic preparations for medical purposes, such as preparations used to determine whether a patient has developed a hypersensitivity to a certain type of organisms (Class 5)
• Surgical implants made of living tissue (Class 5)
• Tobacco-free cigarettes for medical purposes or e-cigarettes (Class 5 and Class 34)
• Wheelchairs and mobility scooters (Class 12)
• Massage tables and hospital beds (Class 20)

Coordinated Classes for Trademark Class 10:

When thinking of the Class 10 trademark classification, one should keep in mind that the class has multiple overlapping products with goods from Class 5, 42, 44, and 45. Therefore, these classes are said to be coordinated classes with the highest risk of potential confusion. To ensure you are choosing the right class for your trademark before you protect under class 5 make sure to rule out all the coordinated classes -

 Class 5 – Pharmaceuticals, medical and veterinary preparations; sanitary preparations for medical purposes; dietetic food and substances adapted for medical or veterinary use, food for babies; dietary supplements for human beings and animals; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides.

 Class 42 – Scientific and technological services and research and design relating thereto; industrial analysis, industrial research, and industrial design services; quality control and authentication services; design and development of computer hardware and software.

 Class 44 - Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, aquaculture, horticulture, and forestry services.

 Class 45 – Legal services; security services for the physical protection of tangible property and individuals; personal and social services rendered by others to meet the needs of individuals.

Medical vs. Non-Medical Goods in class 10:

Class 9 vs Class 10 - measuring, testing, photographic, optical, and scientific apparatus and instruments are included in Class 9 of the Nice classification, while instruments used to diagnose, treat and improve a human or animal's health are usually classified in Class 10. There are some goods such as thermometers which can be classified into both classes and depending on the way these goods are used will either fall under Class 9 or Class 10. Instruments used in medical matters are generally classified as Class 10. If the instruments are not used for medical purposes, then at the USPTO it should be clarified that such instruments are NOT for medical purposes.

Class 10 vs Class 25 - While clothes, headgear and footwear are generally protected under Class 25, clothes specifically used for medical purposes such as scrubs are included in Class 10 of the nice classification.

The Simple Rule regarding Class 10, if the underlying instrument) is used for medical purposes, except for (medication which falls under Class 5, then the goods will most likely fall under Class 10.

Trademark Class 10 and the Metaverse:

The Metaverse can be interpreted as an immersive online experience that uses virtual reality (VR) and augmented reality (AR) technology and hardware – in theory, a world of limitless imagination identical to reality.

This means the presence of virtual products that are sold and bought to enhance the similarity of Metaverse to reality and, thus, the existence of trademarks for these products.

However, since Metaverses are a platform that simulates video games, this means that if a company wants to expand its business within Metaverse now, it must register on the special classes related to software, such as Class 9.

Therefore, companies can expand by selling digital products that simulate real products using NFT technology, and in this case, they have to register, as we explained previously, in Class 9, as well as Classes 28 and 41.

In addition, perhaps soon, we will see a new classification or an increase in new classes to the current Nice classification, which includes digital products of all kinds.

 Understanding the main elements of Class 10: 

The EUIPO, in collaboration with WIPO, has developed a hierarchy of goods and services within a class to link the different products and to make the classification process easier. The hierarchy does not have any legal effect in trademark examination or the comparison of goods and services: it was only created as an assistive tool.

Class 10 in nice classification is divided into the subsections below:

Trademark Class 10 - Subsection 1 – 

• Physical therapy equipment
• Massage apparatus
• Physiotherapy and rehabilitation equipment

Trademark Class 10 - Subsection 2 – 

Hearing protection devices

Trademark Class 10 - Subsection 3 – 

Feeding aids and pacifiers

Trademark Class 10 - Subsection 4 

Sex aids

Trademark Class 10 - Subsection 5 – 

• Medical and veterinary apparatus and instruments
• Contraceptive devices
• Diagnostic, examination, and monitoring equipment
• Medical imaging apparatus

Trademark Class 10 - Subsection 6 – 

• Surgical and wound-treating equipment
• Suture and wound closing materials and products

 Trademark Class 10 - Subsection 7 – 

Dental equipment

Trademark Class 10 - Subsection 8 – 

Masks and equipment for artificial respiration

Trademark Class 10 - Subsection 9 – 

Medical furniture and bedding, equipment for moving patients

Trademark Class 10 - Subsection 10 – 

Medical clothing

Trademark Class 10 - Subsection 11 – 

• Prosthetics and artificial implants
• Artificial organs and implants
• Hearing aids
• Dental prostheses
• Orthopedic and mobility aids