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[yujin]

Hello everyone,

I am trying to register a trademark. 

The product is one sort of medical device.  I checked the alphabetic list and medical device is on the list.  If I just say class 10 , medical device, is it sufficiently specific to get a filling date?

Which is  better, using medical device or a more specific term, for a strategic consideration?  We are currently only producing this sort of instrument. However we might produce other things later on. 

Because the instrument can fall in both class 9 and 10 and the instrument is primarily  for medical use, can I claim both class 9 and class 10? or do I have to claim only class 10?  The language of 1401.05(b) in TMEP confused me.

Thank you in advance,

Jin

[JSonnabend]

Your ID has to be reasonably particular in the products it covers.  Generally speaking, "medical devices" will not suffice.  Instead, you will need to more precisely identify the types of medical devices.

That said, you can list simply "medical devices" on the application and amend the ID later.

- Jeff

[yujin]

Hi Jeff,

Thank you for reply!

Do you know the answer for my another question:

Because the instrument can fall in both class 9 and 10 and the instrument is primarily  for medical use, can I claim both class 9 and class 10? or do I have to claim only class 10?  The language of 1401.05(b) in TMEP confuses me.

Thank you again,

Jin

[JSonnabend]

The class for the ID will depend on how you phrase the ID.  There is no requirement ever that an applicant apply for all eligible classes, but the examiner will insist you place the ID in the right class.

- Jeff