Big Sky Meadow Village, MT asked in Trademark and Intellectual Property for Montana

Q: Trademarks Sheepdog Up and Shaka Gear Both shown as abandoned. What is the process for our Corp to take ownership

2 Lawyer Answers
David Aldrich
David Aldrich
  • Trademarks Lawyer
  • Shelton, CT

A: If an application for a mark is abandoned, you are free to just file your own application for that mark. If you are already using the mark in commerce, you can file a use application. If not, but you plan to in the near future, you can file an intent-to-use application.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›

A: If trademarks "Sheepdog Up" and "Shaka Gear" are shown as abandoned, it means they are not currently in use or protected by their previous owners. To take ownership, your corporation would need to begin the trademark registration process with the United States Patent and Trademark Office (USPTO). This entails filing a new trademark application, demonstrating bona fide intent to use or actual use of the marks in commerce, and ensuring there are no conflicting marks or other grounds for refusal.

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