How to Prevent Trademark Rejection for Medical Equipment: 5 Common Pitfalls
In the fast-growing and highly competitive medical device industry, securing your brand identity through a trademark is essential—but not always straightforward. While many manufacturers assume trademark approval is a simple process, reality often proves otherwise. Trademark applications—especially under Class 10, which covers surgical, medical, dental, and veterinary apparatus and instruments—are frequently rejected due to easily avoidable errors.
If you’re preparing to trademark a medical device brand, this guide will walk you through the top five reasons for rejection, complete with solutions to help you avoid them.
Reason 1: Lack of Distinctiveness in the Brand Name
The Problem:
Trademark law favors names that stand out. If your medical brand name is too generic or descriptive—like “Safe Syringes” or “Medical Tools India”—it may be rejected for lacking distinctiveness. Generic or overly descriptive terms are considered part of common language and not eligible for exclusive rights.
Real-Life Example:
A small company in Delhi tried registering “Digital Thermometer Devices” as a trademark. It was rejected because the name was too descriptive of the actual product.
How to Fix It:
- Use Invented or Fanciful Words: Names like “Medtronic” or “Zyklus” are unique and memorable.
- Combine Terms Creatively: Merge syllables or use abstract names that suggest your product’s function without describing it directly.
- Avoid Overused Words: Terms like “med,” “care,” or “safe” should be part of a broader, creative name rather than the entire brand.
Reason 2: Similarity with Existing Trademarks
The Problem:
Even if your brand name is distinctive, it might still be confusingly similar to an existing registered trademark. If another company already holds a trademark in Class 10 with a name or logo close to yours, your application could be rejected under Section 11 of the Trademarks Act.
Real-Life Example:
A Mumbai-based startup tried to register “MediNova” for its dental instruments. The application was rejected due to similarity with an existing “MediNova” registered for surgical kits.
How to Fix It:
- Conduct a Thorough Trademark Search: Use the IP India Trademark Search Tool to check Class 10 trademarks.
- Check Phonetic Similarity: Don’t just rely on spelling; say the name out loud to catch sound-alike issues.
- Hire a Trademark Expert: Professionals can help identify similarities you might miss and suggest alternative naming strategies.
Reason 3: Wrong Trademark Class or Multiple Class Errors
The Problem:
If your product fits into Class 10 but your application is filed under Class 5 (pharmaceuticals) or Class 9 (electronic devices), it will likely be rejected. Misclassifying your brand is a common and costly error.
How to Fix It:
- Know Your Class: Medical and surgical instruments fall under Trademark Class 10.
- File Under Multiple Classes If Needed: If your medical device has a digital app (Class 9) and is also a physical product (Class 10), file accordingly.
- Read the Class Description Thoroughly: Class 10 includes everything from syringes and scalpels to diagnostic apparatus.
Reason 4: Improper Trademark Application Documentation
The Problem:
An otherwise strong application can get rejected due to incomplete or incorrect documentation. This includes everything from missing signatures and wrong applicant details to improperly uploaded logos.
Common Mistakes Include:
- Failing to submit a Power of Attorney (Form TM-48).
- Submitting blurry or low-resolution logo images.
- Using inconsistent brand names across different documents.
How to Fix It:
- Double-Check Every Document: Before submission, ensure consistency across all forms.
- Use Official Templates: Follow formats prescribed by the Controller General of Patents, Designs & Trademarks.
- Get Professional Help: If you’re unsure, get assistance from a registered trademark consultant.
Reason 5: Objections Raised Under Section 9 and Section 11
The Problem:
Even if your name is unique, you may receive an Examination Report with objections under:
- Section 9 (Lack of distinctiveness, descriptive, or offensive terms).
- Section 11 (Conflict with an earlier mark).
These objections don’t mean your application is rejected—but if not addressed properly, they can lead to rejection.
How to Fix It:
- Draft a Strong Reply: Your response must be detailed, legally sound, and backed by examples.
- Provide Proof of Use: Show that your brand has been in use with advertisements, packaging, or website screenshots.
- Attend the Hearing: If the Registrar calls for a hearing, don’t miss it. This is your final chance to present your case.
Bonus Tip: Don’t Rely Solely on DIY Registration
While it’s possible to file your own trademark, the medical device field is full of technicalities and class overlap. One small error can lead to:
- Legal notices from other companies.
- Brand dilution.
- Delays of 6–12 months or more in getting trademark approval.
Hiring a professional ensures your brand is protected from the start.
The Trademark Class 10 Cheat Sheet
Here’s a quick list of what typically falls under Class 10:
| Included in Class 10 | Not Included |
| Surgical Instruments | Medications (Class 5) |
| Dental Equipment | Wearable Fitness Devices (Class 9) |
| Diagnostic Kits | Health-related software (Class 9 or 42) |
| Medical Scissors | Packaging for devices (Class 16) |
Use this guide to correctly classify your products and avoid unnecessary rejection risks.
How VMK Professionals Can Help
VMK Professionals is a leading legal and IP consultancy firm with a proven track record in trademark registration across India. Our experts specialize in medical device trademarks under Class 10, ensuring your application is filed correctly, searched thoroughly, and monitored until successful registration.
We provide:
- Complete Trademark Search Reports
- TM Application Filing (Single & Multi-Class)
- Objection Handling & Hearing Representation
- Brand Monitoring & Protection Services
Whether you’re a startup launching your first diagnostic kit or an established medical brand expanding to new devices, VMK Professionals has you covered.
📞 Contact us today to schedule a free consultation and safeguard your brand the right way.