TRADEMARK CLASS 10

INTRODUCTION:

A trademark is a visual symbol which can be a word, signature, name, device, label, numerals or combination of colours used by one undertaking on goods or services to distinguish it from other similar goods or services originating from a different undertaking. The marks administer under the Trademarks Act, 1999.

When an individual filling a trademark in India an indispensable requirement is finding out the trademark classification of the goods or services under which the person have to file trademark. Even when conducting a trademark search person needs to know the “trademark classification” and “trademark classes”. It groups different categories of goods and services under one trademark class. Thus, it gives the trademark registration process a definite structure. Accordingly, the applicant can choose the broad class under which their goods or service description falls. The trademark classification helps avoid this by allowing you to search for a prior trademark in the class that you want to register your trademark in India. Section 7 of the Trademarks Act, 1999 provides that the Registrar shall classify goods and services in accordance with the international classification of goods and services for the purpose of registration of trademarks. And under section 18 of the Act it requires that if any persons applying for a trademark to apply in writing in the manner that is prescribed for the registration.

CLASS TEN OF TRADEMARK ACT:

The trademark class 10 is primarily and exclusively related with the trademarks used in the businesses of medical and surgical equipments and apparatuses. Class 10 of Trademark includes X-ray Apparatus for Medical Purposes; Therapeutic and prosthetic articles and devices for implantation composed of artificial or synthetic materials; Suture and Wound Closing Materials and Products; Surgical and Wound Treating Equipment; Supportive bandages and special clothing for medical purposes; Prosthetics and Artificial Implants; Physiotherapy and Rehabilitation Equipment; Orthopedic and Mobility Aids; Medical Imaging Apparatus; Medical Clothing; Medical and Veterinary Apparatus and Instruments; Hygienic rubber articles; Furniture especially made for medical purposes; Equipment for Moving Patients; Diagnostic and Monitoring Equipment; Dental Prostheses, Artificial Teeth, and Jaws; Dental Equipments; Artificial Organs and Implants; Articles, instruments and devices for menstruation, contraception, and childbirth; Hearing Protection Devices; Massage Apparatus; Feeding Aids and Pacifiers; Sex Aids; Contraceptive Products and Devices.

The class mainly does not include Wheelchairs and mobility scooters (Class 12); Tobacco-free cigarettes for medical purposes (Class 5) and electronic cigarettes (Class 34); Surgical implants comprised of living tissue (Class 5); Medical dressings and absorbent sanitary articles (Class 5); Massage tables and hospital beds (Class 20).

If applicant is not sure about registering the trademark under class 10 then he can apply under Coordinated class i,e., (Class 1) Pharmaceuticals; (Class 35) Advertising and Business services; (Class 42) Science and Technology services; (Class 44) Medical and Vet Services.

List of goods under class 10 of trademark act: X-Ray Tubes For Medical Purposes; X-Ray Photographs For Medical Purposes; X-Ray Apparatus For Medical Purposes; Water Bags For Medical Purposes; Walking Frames For Disabled Persons; Vibromassage Apparatus; Veterinary Apparatus; Vaporizers For Medical Purposes or Sprayers For Medical Purposes; Urological Apparatus And Instruments; Urinals [Vessels]; Urethral Syringes; Urethral Probes; Umbilical Belts; Ultraviolet Ray Lamps For Medical Purposes; Trusses/Hernia Bandages; Trocars; Traction Apparatus For Medical Purposes; Tongue Scrapers; Tomography For Medical Purposes; Tips For Crutches For Invalids; Thread, Surgical; Thermometers For Medical Purposes; Syringes For Medical Purposes; Syringes For Injections; Suture Needles; Suture Materials; Suspensory Bandages; Surgical Sponges; Surgical Implants Comprised Of Artificial Materials; Surgical Drapes; Stretchers, Wheeled; Strait Jackets; Stockings For Varicose; Stethoscopes; Sterile Sheets, Surgical; Stents; Spoons For Administering Medicine; Splints, Surgical; Spittoons For Medical Purposes; Spirometers [Medical Apparatus] Scissors For Surgery; Scalpels; Saws For Surgical Purposes; Resuscitation Apparatus; Respirators For Artificial Respiration; Receptacles For Applying Medicines; Radium Tubes For Medical Purposes; Radiotherapy Apparatus; Radiology Screens For Medical Purposes; Radiological Apparatus For Medical Purposes, Knee Bandages, Orthopedic etc. 

REGISTRED GOODS UNDER CLASS 10:

• CIPLA:

Trademark Description: Surgical, Medical, Dental And Veterinary Apparatus And Instruments, Inhalers; Orthopedic Articles; Suture Materials.

• LOBAL DENTAL CERAMICS

Trademark Description: Artificial Teeth

• ULTRACLIP

Trademark description: Medical Devices, in particular, A Breast Tissue Marker and Parts and Fittings

• HI-TORQUE WHISPER

Trademark Description: Medical devices, namely stents, guidewires, ballon catheters and medicinal coating applied to same.

• O & O

Trademark Description: Babies Bottles, Babies Pacifiers (Teats), Dummies (Teats) For Babies, Feeding Bottle Teats, Feeding Bottle Valves, Feeding Bottles, Pacifiers For Babies

• SECUREJET

Trademark Description: Syringes, Single-Use Syringes, Single Use Vials And Containers In Plastic Material For Pharmaceutical Use.

REGISTRATIONS OF TRADEMARK CLASS TEN:

Trademark Search

Search for any identical or similar mark that is already available with Trademark Registry. Trademark Search has to be directed by the Trademark Registry Online Website.

Trademark Application Filing

After completion of the Trademark search, the Application for Trademark Registration will be filed with the Trademark Registrar. When the application is ready with the required details, the owner will file the Trademark Registering Application online or offline. For online application, Digital Signature Certificate is required, while, instead, for offline filing, an application has to be sent to the Trademark Registry office. Later the application is filed, the Registrar will review the application for any disagreements in it. 

Application for Allotment of Trademark

The application filed with the Trademark Registrar, then a Trademark Application Allotment Number, has to be provided within 2-3 working days. The Trademark Application can be traced online. After attaining the Trademark Application Allocation Number, the owner can use a TM symbol next to its logo.

Trademark Examination

The Trademark Application is sent to the Trademark Officer in the Trademark Registry Office to review the Trademark Application and check for the accuracy and issue of the Trademark Examination Report.

Publication of Trademark in a Trademark Journal

The anticipated Trademark is circulated in the Trademark Journal. The Trademark Journal contains all Trademarks that are accepted by the Trademark Registrar. The public has the chance to oppose the Trademark Registration if they consider that there will be damaged if the Trademark gets registered. If no objections are filed within 90 days, then the Trademark will be recorded permanently for the entity registering for Trademark.

Registration of Trademark

If there is no objection filed with the Trademark Registrar regarding the Trademark Application and Trademark Journal, a Trademark Certificate will be issued.

- Sameeksha Shukla