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The US PTO Trademark Trial and Appeal Board (TTAB) ruled in favor of canceling CeramTec GmbH’s trademarks in the color pink. The ruling reaffirms CoorsTek Bioceramics’ right to market and sell its pink CeraSurf®-p ceramic hip replacement components in the U.S.
The proceeding was initiated by CoorsTek Bioceramics (formerly C5 MedicalWerks) in 2014 in response to an attempt by CeramTec to enforce its claimed trademark and trade dress in the color pink for its ceramic hip implant components. In its order, the TTAB found the color pink covered by the CeramTec trademark registrations to be functional, and therefore unregistrable.
in 2021, the EU Trademark Court of Appeals in Paris decided to uphold the previous Paris EU Trademark High Court ruling in favor of CoorsTek’s ability to manufacture and market their CeraSurf-p pink implantable ceramic hip components.
CoorsTek Bioceramics CeraSurf-p comprises a technical ceramic material containing a chromium oxide additive for improved performance including increased hardness. The pink coloring of products manufactured from CeraSurf-p ceramic is a natural byproduct of the additive.
“Recent global events have cast a bright light on the dangers of singular or limited supply sources in key markets,” said Jonathan Coors, CEO of CoorsTek. “This decision will not only ensure a consistent supply of crucial components, it will foster competition, drive innovation, and enable efficiencies in the surgical marketplace—ultimately benefitting patients receiving critical medical care.”
Clinical evidence has indicated that femoral heads manufactured from CeraSurf-p ceramic material demonstrate exceptional mechanical performance and durability. Hip systems incorporating CeraSurf-p hip components were initially cleared for regulatory use in Brazil in 2011 and have since been registered for use by customers of CoorsTek Bioceramics in the U.S., China, the EU, and Japan. Additional worldwide regulatory clearances are pending.
CeramTec GmbH has until early February 2023 to file an appeal of the TTAB trademark cancellation order.
Similarly in the EU in 2021, the Paris Court of Appeals upheld the cancellations of the three EU trademarks and the dismissal of CeramTec’s trademark infringement and parasitic competition claims against CoorsTek. The Court confirmed the trademarks were filed in bad faith and additionally ordered CeramTec to pay damages for abuse of trademark law, thus clearing the pathway for CoorsTek to market CeraSurf-p products in the European Union. Read more on the 2021 decision.
Source: CoorsTek Bioceramics
