INTERNATIONAL CLASS 10
(Medical Apparatus)

 

GENERAL SCOPE OF CLASS 10:            Surgical, medical, dental, and veterinary apparatus and instruments, artificial limbs, eyes, and teeth; orthopedic articles; suture materials.

 

 

RELATED INTERNATIONAL CLASSES

5

pharmaceuticals

44 (for-mer 42)

hospital services

 

IDENTIFICATION/CLASSIFICATION OF GOODS GUIDELINES

 

IN GENERAL


Medical devices should be identified by their common names and in many cases (in view of the technical nature of the goods) by a description of the use.  Class 10 includes both medical devices which directly touch the patient as well as diagnostic devices which do not touch the patient and which are used for clinical diagnostic purposes.


The terms APPARATUS, DEVICES and UNITS are acceptable if the goods are otherwise clearly defined as to their nature and use.


Int. Class 10 includes support bandages, sutures, surgical apparatus and instruments, artificial limbs, eyes and teeth.


Int. class 10 does not include bandages other than support (Class 5), materials for dressing (Class 5), medicated bandages (Class 5), pharmaceutical products (Class 5), cotton, and dental cements.

 

SOFTWARE:  Only put in IC 10 if the software is actually for controlling or operating an IC 10 medical device; otherwise, put in 9!  Software that is used for collecting data from an IC 10 medical device is NOT in IC 10!  Essentially, you should only put it in 10 if it’s an integral part of the device, and it’s sold as part of the device, the device being the main part of the ID.

 

 

 

Explanatory Note

 

This class includes mainly medical apparatus, instruments and articles.

 

This class does not include, in particular:

 

            -            Wheelchairs (Class 12)

            -            Hospital beds (Class 20)

 

General rules for the identification of goods:

 

Medical instruments [or “apparatus,” “devices” or “appliances”] for (specify use).

Medical instruments, namely, [specify common name].

 

GOODS TO TAKE SPECIAL NOTE OF:

 

Wheelchairs are in Class 12.

 

Clothing having a medical purpose goes in Class 10:

            Gloves for massage

            Orthopedic footwear, orthopedic soles

            Arch supports for boots or shoes

            Abdominal pads, belts or corsets

Surgical gowns, caps, gloves or masks; surgical scrub suits; medical examination gowns; anesthetic masks are in Class 10.

            Note:  Patient wearing apparel, namely, robes, gowns, pajamas are in Class 25.

 

Furniture and Bedding in Class 10:

            Whirlpools for use in hospitals or for therapeutic use

            Operating tables

            Air pillows and air mattresses for medical purposes

            Birthing chairs          

            Electric blankets for medical purposes

            Dental examination chairs; medical patient or treatment chairs

            Hospital beds for use by burn patients

 

            However:  Note that “hospital beds” in general go in Class 20.

 

Bandages:

            Class 10: Compression bandages, bandages for anatomical joints, orthopedic support bandages, elastic bandages

           

Related Goods:

Class 5: Surgical and adhesive bandages.

 

Incontinence products:

Class 10: Incontinence products that are not worn on the body, such as “incontinence sheets,” are in.

           

            Related Goods:

            Class 5: Incontinence products that are worn on the body such as “incontinence pads,” “incontinence garments.”

 

Contraceptive devices:

            Class 10: Condoms and diaphragms for contraception.

           

Related Goods:

Class 5: Contraceptive foams, sponges and oral contraceptives.

 

Class 10: Massagers (hand or electric) and bed vibrators.

 

Class 21: Dental floss and toothbrushes.