What Is Nice Class 10?
Nice Class 10 is the trademark classification for medical and surgical devices and instruments. It covers surgical, medical, dental, and veterinary apparatus and instruments, prosthetics and implants, orthopedic articles, diagnostic equipment, therapeutic and assistive devices, and supplies like syringes, catheters, and bandaging materials with a medical function. If a physical device is used to diagnose, treat, monitor, or support the body, Class 10 is usually its home.
The defining distinction is device versus drug. A pharmaceutical, supplement, or medicated preparation is Class 5. A physical instrument, implant, or apparatus is Class 10. A pill is Class 5; the injector that delivers it is Class 10. This product-type boundary is the gateway to filing correctly in healthcare.
What Class 10 Covers
- Surgical and medical instruments and apparatus
- Dental and veterinary instruments
- Diagnostic and monitoring devices
- Prosthetics, implants, and orthopedic articles
- Therapeutic and rehabilitation devices
- Syringes, catheters, and medical tubing
- Hearing aids and assistive devices
- Medical furniture and specialized examination equipment
Exclusions: drugs, supplements, and medicated preparations are Class 5; general electronics and diagnostic software are Class 9; medical services like clinics and telehealth are Class 44. A connected glucose monitor, for example, can span Class 10 (the device), Class 9 (the software and connectivity), and Class 5 if a medicated component is involved.
Boundary note: Digital-health and wearable medical devices increasingly straddle Class 10 and Class 9. The physical sensor or device is Class 10, while the companion app, data platform, and electronics are Class 9. Connected-health startups routinely file both.
USPTO Plus FDA: The Dual Regime
Like pharmaceuticals, medical devices operate under two systems. A USPTO trademark protects the brand name as intellectual property. But before the device can be marketed, it must clear the FDA — through premarket clearance (510(k)), premarket approval (PMA), or another applicable pathway depending on risk class. The two are independent: FDA clearance does not grant trademark rights, and a registered trademark does not authorize sale of the device.
Smart device companies run both tracks in parallel — clearing and filing the brand name early to lock in priority, while preparing the FDA submission. The healthcare sector's layered naming and regulatory considerations are covered in our guide on how to trademark a healthcare brand. The pharma side of the dual regime is detailed in our Class 5 guide.
Notable Brands in Class 10
- Medtronic — one of the largest medical-device portfolios, spanning cardiac, surgical, and diabetes devices
- Stryker — orthopedic implants and surgical equipment
- Johnson & Johnson MedTech — surgical instruments and device marks across multiple specialties
- Philips Healthcare — diagnostic imaging and patient-monitoring devices
Common Filing Mistakes
- Filing a drug in Class 10: pharmaceuticals and medicated preparations are Class 5.
- Missing Class 9 for connected devices: the software and electronics need their own class.
- Confusing device and service: clinics and telehealth are Class 44, not Class 10.
- Assuming FDA clearance covers the brand: it does not — the trademark is separate.
Frequently Asked Questions
What's the difference between Class 10 and Class 5?
Class 10 covers physical medical and surgical devices and instruments — diagnostic equipment, implants, syringes, and apparatus. Class 5 covers pharmaceuticals, supplements, and medicated preparations. A pill is Class 5; the injector or monitor is Class 10. A product with both a device and a medicated component may need both classes.
What class is a connected or wearable medical device in?
It usually spans two classes. The physical device is Class 10, while the companion app, software, and electronics are Class 9. Digital-health and wearable-device companies typically file both classes to protect the hardware and the technology that runs it.
Do I need FDA clearance as well as a trademark?
Yes, and they are separate. A USPTO trademark protects your brand name as intellectual property, but the FDA must clear or approve the device itself before it can be marketed, through the pathway appropriate to its risk class. Trademark registration does not authorize sale, and FDA clearance does not grant trademark rights.
Are medical services in Class 10?
No. Medical, dental, and healthcare services — clinics, hospitals, telehealth — are in Class 44. Class 10 covers physical devices and instruments. A company that both makes a device and provides a related service files in both Class 10 and Class 44.
Search Class 10 Before You File
Medical-device branding is high-stakes and clusters by specialty, and the FDA track runs alongside trademark clearance. Use tmarkmetric to browse registered Class 10 trademarks, see which device names are taken, and search the broader registry before you commit. Map the Class 10 / Class 9 / Class 5 strategy for connected or combination products at the outset.