TM oppositions against Pfizer suspended amid negotiations
Two trademark oppositions against Pfizer have been suspended as the parties are engaged in negotiations to settle the disputes.
In June last year, Pfizer applied to register ‘Raylumis’ and ‘Raylumi’ as US trademarks, covering class 5 for pharmaceutical preparations.
But medical technology company Biocompatibles UK took issue with the marks—filing two notices of opposition at the Trademark Trial and Appeal Board (TTAB) on April 9.
Biocompatibles alleged that registration of ‘Raylumis’ and ‘Raylumi’ would cause a likelihood of confusion with its own marks.
Three trademarks were cited 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.
LC Bead Lumi is a “radiopaque embolic bead for the embolisation of hypervascular tumours and arteriovenous malformations”. It was approved by the Food and Drug Administration in December 2015.
The beads can be used during embolisation procedures, which are used to block blood vessels.
Biocompatibles also argued that the goods covered by the applied-for marks are identical or highly related to its own goods and services.
“In view of the virtually identical marks and related nature of the goods and services of the respective parties, it is alleged that applicant’s mark so resembles the ‘Lumi’ marks as to be likely to cause confusion or to cause mistake or deceive,” said one of the oppositions.
However, on April 10, Biocompatibles submitted its motions to suspend the disputes for settlement, explaining that it was engaged in negotiations with Pfizer.
The TTAB suspended both proceedings until May 10.
The opposition against ‘Raylumis’ is available here and the opposition against ‘Raylumi’ is available here.
Did you enjoy reading this story? Sign up to our free daily newsletters and get stories sent like this straight to your inbox.
Join us at LSPN North America on April 26, find out more here.
