Medtech company backs down from Pfizer TM oppositions

Medical technology company Biocompatibles UK last week withdrew its oppositions to two trademarks applied for by Pfizer, four months after settlement negotiations.

On Thursday, August 9, Biocompatibles submitted its withdrawal in the consolidated case at the Trademark Trial and Appeal Board (TTAB).

Pfizer had applied to register ‘Raylumis’ and ‘Raylumi’ as US trademarks, covering class 5 for pharmaceutical preparations, in June last year.

But in April 2018, Biocompatibles opposed both trademarks, citing three marks in opposition: ‘LC Bead Lumi’ (US trademark number 5,306,864); ‘Lumi’ (87,096,016); and an ‘LC Bead Lumi’ logo (5,407,866). The logo and ‘LC Bead Lumi’ mark both cover class 5.

Approved by the Food and Drug Administration in December 2015, the LC Bead Lumi is a “radiopaque embolic bead for the embolisation of hypervascular tumours and arteriovenous malformations”. It is used during embolisation procedures, which are used to block blood vessels.

One day after submitting its oppositions, in April, Biocompatibles filed motions to suspend the disputes for settlement, explaining that it was engaged in negotiations with Pfizer.

The TTAB suspended both proceedings until May 10. Two months later, on June 4, Biocompatibles submitted another notice to suspend the proceedings.

A few days later, the TTAB consolidated the two oppositions.

The opposition against ‘Raylumis’ is available  here and against ‘Raylumi’ is here.

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