St. Louis, Missouri, March 5, 2024 – Harness IP is pleased to announce that firm attorneys Joel Samuels and Kisuk Lee, with assistance from Paul Hoffer, recently prevailed in two Trademark Trial and Appeal Board (TTAB) decisions in favor of our client Nextbiomedical Co., LTD. against Hemostasis, LLC. The decisions dismissed an opposition against the client’s NEXPOWDER & Design (Opposition No. 91268157) and denied the petition to cancel the client’s registered NEXSPHERE & Design mark (Cancellation No 92077653). Both proceedings involved claims of likelihood of confusion. 

“We are pleased with the outcome in these cases on behalf of our client, Nextbiomedical Co., LTD,” said Samuels and Lee. “Throughout these proceedings, we demonstrated that although there are similarities in the trademarks of these companies, purchasers in this industry know and understand the use of these items and are able to differentiate between them upon purchase. This outcome holds significance for consumers in this market as it ensure clarity and informed decision-making.”

In both decisions, the TTAB concluded that despite some similarities between the trademarks, the purchasers – physicians and hospitals – are highly knowledgeable, sophisticated, and use great care and deliberation in making purchasing decisions, which weigh heavily against finding a likelihood of confusion. The discerning nature of these purchasers coupled with sufficient differences in the overall commercial impression of the marks, resulted in a finding that Hemostasis failed to prove a likelihood of confusion. As a reminder regarding the technical nature of TTAB proceedings, the Board sustained the evidentiary objections, leading to the exclusion of a significant portion of the opposing party’s documentary evidence and testimony.

Nextbiomedical Co. LTD, established in Korea in 2014, specializes in researching, developing, and manufacturing cutting-edge medical solutions. Among its offering is the NEXPOWDER branded system, designed for hemostasis of non-variceal, upper gastrointestinal bleeding. This innovative system is used in pharmaceutical and medical devices, facilitating the development of innovative therapeutics and treatment devices, notably employing polymer technology. It effectively addresses a wide spectrum of gastrointestinal bleeding during endoscopic procedures.

Another product Nextbiomedical is the NEXSPHERE line, which consists of embolic agents customized for endovascular embolization procedures in interventional radiology. These agents are crafted to facilitate treatments for conditions including liver cancer, uterine fibroids, and prostatic hypertrophy, showcasing the company’s dedication to advancing therapeutic interventions through pioneering polymer technology and innovative medical devices.

Harness IP’s team of trademark and patent attorneys serve clients in all areas of intellectual property law, including patents, trademarks, IP litigation, PTAB Proceedings, trade secrets, due diligence investigations, and global IP management. For more information, visit the firm’s website at harnessip.com.