Trademark board says Ross abandonment trial can proceed

By Steve Frothingham

BROOKLYN, N.Y. (BRAIN) — A U.S. Patent and Trademark Office board will continue to review a petition by members of the Ross family to regain ownership of the Ross Bicycles trademark, which the family members claim has been abandoned by its current registrant.

Century Sports, Inc., the trademark’s current registrant, had asked the board to suspend its proceedings while it sued the Rosses for trademark infringment.

Century says it continues to use the Ross name, selling and shipping hundreds of Ross bikes to a wholesaler as recently as July 2019. Century filed the infringement suit in August, charging that Randy Ross, Sean Ross, and their company, Ross Bicycles LLC, are using the trademark to market a forthcoming line of bikes.

Generally trademarks can be ruled abandoned if they have not been used in commerce for three or more years.

Michael Webster, the trademark board’s interlocutory attorney, ruled that the cancellation proceedings are too far along to be suspended now because of the related civil suit.

“It is the policy of the board to suspend proceedings when the parties are involved in a civil action which may be dispositive of or have a bearing on the board case …read more

Via:: Bicycle Retailer and Industry News