Tips For Registering A Surgical Goods Trade Mark Under Class 10
George Raptis
Whilst it may seem like there are an overwhelming amount of factors to take into consideration before registering a trade mark, the process of registration is quite simple. By bearing the following tips in mind when registering a surgical goods trade mark under class 10, you can ensure that the process of registration is a smooth yet comprehensive process.
1. Understand Trade Mark Basics
Trade marks are a form of intellectual property protection. This is because they can protect a wide range of features that make your business unique. This includes your business name, logo and catchphrase.
Under the Trade Marks Act, a registered trade mark provides you with the exclusive right to use, licence and sell your mark. This means that you can prevent others from misusing your mark and pursue legal action for trade mark infringement. You can also oppose new trade mark applications that are similar or identical to your own mark.
When you are filling out an application for a registered trade mark, you must identify the goods and services you wish to register your trade mark with. This is an important consideration you must take into account when filing an application. Indeed, your trade mark is only capable of protecting the goods and services that IP Australia has approved in your application. For example, suppose you sell surgical goods and provide medical services, but your registered trade mark only protects the goods. In this case, your application will fall short of comprehensively protecting your business.
For this reason, you should clearly identify:
- what goods and services need to be protected; and
- which trade mark class these goods and services fall into.
Doing so will ensure your trade mark application will provide you with the most comprehensive protection for your business and avoid further costs for errors made in the application.
2. Familiarise Yourself With Class 10 Goods
The Trade Mark Classification Search is an extensive class system that categorises goods and services available for trade mark protection. Before you register a trade mark, you should scan the picklist, noting that the classes ranging from 1-34 include goods and classes 35-45 include services. Since your goods for medical use will likely fall in class 10, the table below summarises some of the notable goods that fall in the trade mark class.
| Surgical Good | Example |
| Surgical apparatus and instruments | Instruments for blood tests Machinery for monitoring patients Bandages for surgical purposes |
| Prosthetics | Artificial implants and bones Prosthetic parts Artificial limbs |
| Other apparatus | Body rehabilitation apparatuses First aid kit |
3. Do Not Limit Your Search to Class 10
Whilst your goods may neatly fall into those listed under class 10, there is still a chance that other classes may be relevant to your business. As mentioned above, a failure to include a certain class in your application can detrimentally affect the extent of the protection you receive. For this reason, some other classes which may be relevant to your business include class:
- 5 – pharmaceutical goods;
- 9 – scientific apparatus and instruments;
- 42 – scientific and technological services; and
- 44 – medical and veterinary services.
By entering the keywords of the goods your business provides in the Classification Search, you can identify multiple goods that exist in different classes. Another way you can identify potentially relevant classes is by using the Trade Mark Assist Tool. The program created by IP Australia provides you with a step-by-step guide through the different requirements of a standard trade mark application. Furthermore, it allows you to identify other classes that are relevant to your business.
4. Look At Your Competitor’s Trade Mark
If a competitor in the same industry has a registered trade mark, it would also be worth looking at the classes they have registered their trade mark in connection with. Since the Trade Mark Registry is publicly available, nothing stops you from searching for these trade marks. Whilst your business’ goods and services may not be identical to those provided by your competitor, looking at the classes your competitor has included in their application can give you a great indication of which classes may or may not be relevant to your trade mark application.
Key Takeaways
You register trade marks in connection with a particular good or service. For this reason, you must ensure you correctly identify the goods and services your business provides in your application. For example, before you register a trade mark in connection with surgical goods, you should also familiarise yourself with the goods included in class 10 here and other related classes. Doing so will ensure that you apply for a trade mark that adequately protects your business.
If you need help with protecting your intellectual property, our experienced IP lawyers can assist on 1300 657 423.
Frequently Asked Questions
Trade mark infringement can arise when someone uses a similar or identical mark to your own trade mark, concerning the same goods or services. For example, a search engine named ‘Gogle’ would likely infringe on the trade mark rights held with respect to the popular search engine Google.
You should only include those classes which are relevant to the goods and services your business offers. Note that the cost of a standard trade mark application is calculated based on how many classes you include in your application ($250 per class). You should also note that just because you include many classes in your application does not necessarily mean IP Australia is more likely to approve your application.