Step-by-Step Guide to Trademarking Medical Devices in India (Class 10)
In India, the healthcare and medical device sector is rapidly growing. With innovation on the rise, new tools and technologies are entering the market at lightning speed. But what many medical product manufacturers forget is that protecting their brand is just as important as developing their device. This is where trademark registration under Class 10 becomes crucial. In this detailed guide, we’ll walk you through how to trademark your medical device in India, step-by-step.
What is Trademark Class 10?
Trademark Class 10 under the Nice Classification covers medical and surgical instruments and apparatus. If your business deals with products like surgical tools, dental instruments, orthopedic devices, or diagnostic machines, then Class 10 is the correct category for your trademark.
Examples of Products in Class 10:
- Surgical scissors and blades
- Dental drills
- Stethoscopes
- Blood pressure monitors
- Hearing aids
- Thermometers
- Diagnostic devices
- Catheters
- Suture materials
Registering under the right class ensures your brand has the legal protection it needs within that product category.
Step-by-Step Guide to Registering Your Medical Device Trademark in India
Step 1: Conduct a Trademark Search
Before you file a trademark, ensure the name or logo you want to register isn’t already taken. Use the official Indian Trademark Registry’s website to conduct a Class 10 trademark search. Check for:
- Identical or phonetically similar names
- Similar logos or symbols
Tip: Use both exact match and broad match searches to avoid unintentional infringement.
Step 2: Choose the Right Trademark Type
You can register different forms of trademarks:
- Word Mark: For brand names
- Logo Mark: For graphical designs
- Combination Mark: Word + logo
- Device Mark: Image or symbol
Choose the one that best represents your medical device brand.
Step 3: Draft a Clear and Specific Description
When filing, ensure that your description is accurate. For example:
- “Medical devices for surgical use”
- “Diagnostic instruments used in pathology labs”
This helps avoid rejection due to vague or misleading descriptions.
Step 4: File the Application
You can file your application either online through the IP India Trademark Portal or physically at the appropriate Trademark Registry Office.
Documents Required:
- Applicant details (Name, address, nationality)
- Trademark representation (logo/image if any)
- Description of goods
- Power of attorney (if applying through agent)
- MSME/Udyam certificate (for discounted fees if eligible)
Step 5: Payment of Fees
Fees for trademark registration in Class 10 (as of 2025):
- Individuals/Startups/MSMEs: INR 4,500 per class
- Others (Companies, LLPs): INR 9,000 per class
Fees are non-refundable, so make sure everything is accurate before submitting.
Step 6: Examination by Trademark Registry
After filing, the application goes for examination. The registry checks for:
- Conflicts with existing trademarks
- Descriptive or generic terms
- Violations of the Trademarks Act
If any issues are found, an examination report is issued.
Step 7: Respond to Objections (if any)
If the registry raises objections:
- File a written reply addressing the issues
- Attach supporting evidence
- Attend a hearing (if required)
Proper legal drafting at this stage can determine whether your mark gets approved.
Step 8: Publication in Trademark Journal
Once the application is accepted, it is published in the official Trademark Journal for public viewing. If there are no oppositions within 4 months, the trademark proceeds to registration.
Step 9: Opposition Period
Any third party can oppose your trademark during the 4-month window. If opposed:
- File a counter-statement
- Submit evidence
- Attend hearings
If there’s no opposition or your defense succeeds, the registration moves forward.
Step 10: Trademark Registration Certificate
If all goes well, you receive your registration certificate. Congratulations! Your medical device brand is now legally protected under Class 10.
Validity: Trademark registration is valid for 10 years and can be renewed indefinitely.
Additional Tips for Medical Device Trademark Success
- Avoid Generic Terms: Use unique brand names instead of terms like “surgical kit” or “hearing aid.”
- Register Early: File as soon as your brand name is finalized.
- Protect Internationally: Consider Madrid Protocol for global protection.
- Monitor for Infringement: Keep an eye on competitors using similar marks.
- Maintain Proper Records: Keep all documents, filings, and approvals organized.
Why Trademark Matters for Medical Device Businesses
- Brand Recognition: Helps patients and healthcare providers trust your product.
- Market Exclusivity: Prevents copycats from using your brand.
- Legal Protection: Gives you the right to sue for misuse or counterfeiting.
- Business Valuation: Adds intellectual property value to your business.
Final Thoughts
Registering your medical device trademark under Class 10 is more than a formality—it’s a smart business move. It safeguards your brand, builds customer trust, and supports your company’s growth. Whether you’re a startup launching a new device or an established manufacturer scaling up, trademark protection should be part of your strategic plan.
About VMK Professionals
At VMK Professionals, we help healthcare brands protect their innovations. With deep expertise in trademark registration, we guide you through every step—from conducting the right search to handling objections and securing your registration. Whether you’re trademarking a medical tool, diagnostic device, or surgical brand, we ensure your Class 10 trademark is handled with care and legal precision.
Contact VMK Professionals today to protect your medical device brand and stay ahead in the healthcare industry.