American BMX Company (ABC) is thrilled announce that the United States Patent and Trademark Office (USPTO) dismissed a challenge by J.B. Witmer Company to its ownership of the Cook Bros. Racing trademark. “We are happy this is behind us so we can move on with our plans to develop and sell a full line of Cook Bros. Racing products. We are really excited about the products we’ve already developed and what is to come,” said Marc Cote, ABC’s owner.
According to the USPTO, the trademark for the brand was deemed “dead” in June 1998. It was last registered by the J.B. Witmer Company, Inc. in November 1991.
ABC applied for the “dead” trademark in August 2020 and received preliminary approval in November. Following ABC’s announcement that it acquired the trademark, attorney Timothy M. Brown, on behalf of J.B. Witmer, filed a request for an extension of time to file an opposition to the ABC trademark application with the Trademark Trial and Appeal Board (TTAB) on Dec. 14. On Dec. 15, the TTAB granted a 30-day extension.