Q: If a trademark is "Status: 602" would I be able to buy the trademark? There is no products, website, or store.
An old friend tried to trademark our brand for us but we have not been able to contact him for a long time now. So I wanted to take ownership of the trademark.
A: If the trademark is currently listed as 'abandoned' in the USPTO database, you should confirm whether this is due to a failure to respond to Office Action, and if so, whether your application may encounter similar issues with the TM Office. However, if it's not being used then common law rights are probably a non-issue. So applying for registration could be a viable option as there may not be any asset available for purchase. However, I would recommend running a search to make sure there aren't any other potential risks, including similar third-party pending applications or registrations. Please call or email if you need further assistance with any of the above.
A: Typically, trademarks that are listed as Status 602 have been deemed abandoned due to failure to respond to a notice received by the trademark office such as Office Action. However, this type of abandonment does not mean that the mark is still in use by the owner or is now in use by someone else. Consult with a trademark attorney regarding this matter and to discuss conducting a thorough trademark clearance search before you register the mark for your business.
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