Trademark Class 10: Surgical, medical, dental and veterinary apparatus and instruments

When you apply for a trademark in the Philippines, your application needs to fall under the right “class.” These classes are part of an international system called the Nice Classification, which groups all goods and services into 45 categories. The Intellectual Property Office of the Philippines (IPOPHL) follows this system: Classes 1–34 are for goods, while Classes 35–45 are for services.

Class 10 is the category for medical and healthcare-related products. It mainly covers:

• Surgical, dental, veterinary, and medical instruments
• Artificial limbs, eyes, and teeth
• Orthopedic supports
• Suture materials
• Devices that help people with disabilities
• Massage equipment
• Nursing and infant care devices
• Sexual health apparatus

What’s Not Covered in Class 10?

Not everything health-related belongs here. IPOPHL places some items in other classes:

• Wheelchairs and scooters → Class 12 (vehicles)
• Tobacco-free medical cigarettes → Class 5 (pharmaceuticals)
• E-cigarettes → Class 34 (tobacco alternatives)
• Surgical implants made of living tissue → Class 5
• Bandages, sanitary pads, and absorbent materials → Class 5
• Massage tables and hospital beds → Class 20 (furniture)

Should You File in Other Classes Too?

Sometimes, one class isn’t enough. For example:

• If your brand also sells medicine, register in Class 5.
• If you offer rehab or clinic services, file in Class 44.
• If you’re in the medical technology business, Class 42 may also apply.
• And if you handle distribution or marketing of health products, Class 35 is relevant.

This is called “coordinated filing,” and it helps cover your brand across all the areas where customers might encounter it.

Proof of Use: What IPOPHL Requires

In the Philippines, you can’t just register a trademark and leave it unused. IPOPHL requires proof that your trademark is actually being used in business. For Class 10, that usually means showing the mark on:

• Product labels or tags
• Packaging and containers
• Instruction manuals or brochures
• Displays at clinics, drugstores, or trade shows
• Direct stamping or engraving on the medical device itself

Just printing the brand name on a return address or letterhead doesn’t count—it has to be connected to the actual goods.

In fact, in the case of Bayer Aktiengesellschaft v. United Laboratories, Inc. (G.R. No. 198465, December 3, 2014), the Supreme Court stressed that trademarks must be used to identify the product itself, not just as a company name.

Real-Life Example

Imagine a Filipino company creates orthopedic braces under the name “FlexMove.” To protect the brand:

• The braces would be filed under Class 10.
• If the same company also sells a pain relief gel, that should be filed under Class 5.
• If they run a rehab clinic, that service belongs in Class 44.

By filing across the right classes, the company ensures its brand is safe from copycats in every area of its business.

Final Thoughts

Class 10 is essential for anyone in the medical device, surgical equipment, or healthcare product field. But don’t stop there—think about your related services and products, and register in the coordinated classes as well. Most importantly, always keep proof of actual use, because IPOPHL can cancel your mark if it’s not used in real trade.

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