What does dead mean on USPTO?
Asked by: Dr. Aracely Jast | Last update: February 8, 2026Score: 4.3/5 (71 votes)
On the USPTO (United States Patent and Trademark Office), "dead" means a patent or trademark application is no longer active, usually because the applicant abandoned it by missing a deadline or failing to respond to an office action, or the registration was canceled, surrendered, or expired; a dead application isn't pending, but it doesn't automatically mean the mark is free to use, as common law rights might still exist, and revival might be possible in some cases.
What does status dead mean?
A dead or abandoned status for a trademark application means that specific application is no longer under prosecution within the USPTO, and would not be used as a bar against your filing. It does not necessarily mean that there are not other marks that the trademark examining attorney would cite.
Can you reinstate a dead trademark?
The United States Patent and Trademark Office (USPTO) "abandons" a trademark application when timely response to an Examining Attorney's office action is not received. You can file a petition to "revive" an abandoned application if your delay in responding to the office action was unintentional.
How to find dead trademarks?
Start by searching the web for your mark, then search the USPTO's Trademark Electronic Search System. The dead or abandoned status of a trademark means that USPTO is no longer prosecuting that specific application. However, this doesn't necessarily mean that the owner doesn't use the trademark anymore.
What are the 7 types of trademarks?
There isn't one definitive list of exactly seven types, but common categories focus on the nature of the mark (Word, Logo/Device, Shape, Color, Sound, Scent, Motion/Pattern) and the strength/function (Fanciful, Arbitrary, Suggestive, Descriptive, Generic, Service, Certification, Collective). Key types include Word Marks, Device Marks, Service Marks, Certification Marks, Sound Marks, Shape Marks, and Color Marks, often grouped under broader categories like "Unconventional" or "Non-Traditional" trademarks.
What is a Dead Trademark?
What is stronger, TM or R?
Legal Protection: The ® symbol provides stronger legal protection than ™. It gives you the right to sue for trademark infringement if someone else tries to use your registered trademark without permission.
What are the 4 types of trademarks?
The four main categories of trademarks, ranked by strength, are Fanciful/Arbitrary, Suggestive, Descriptive, and Generic, with Fanciful/Arbitrary being the strongest (e.g., Kodak, Apple for computers) and Generic being the weakest (e.g., "Aspirin" for pain relievers, which cannot be trademarked). These categories determine how much distinctiveness a mark has and the level of legal protection it receives, with fanciful/arbitrary marks being inherently strong and generic terms never receiving protection.
Why would a trademark be dead?
A dead trademark is an indicator by the U.S. Patent and Trademark office that a trademark application or registration is no longer actively pending. A trademark will be marked dead when a trademark registration is not renewed or when an applicant does not timely respond to an office action or notice of allowance.
Can you buy dead trademarks?
If the mark has been abandoned for three to five years, odds are, you're in the clear. That's the span that the USPTO requires trademarks to be maintained, meaning if the proper paperwork hasn't been filed, it's potentially up for grabs.
How to check if a trademark is still active?
Use our online Trademark Status and Document Retrieval (TSDR) system to check your status and view and download documents. In the search box, enter your application serial number or registration number and select the Status or Documents buttons.
What happens if I make a trademark and never use it?
Under both federal law and in New York courts, a trademark is presumed abandoned after three consecutive years of non-use. That signals the mark no longer identifies your business. If you stop using it, others can step in, register it, and use it. Your legal protection disappears.
How much does it cost to revive a trademark?
Fee to revive your abandoned application
If your application is abandoned for not timely responding to an office action, for example, you may file a petition to revive your application. The cost to file is $250.
How long does a trademark last after death?
Unlike patents and copyrights, trademarks do not expire after a certain amount of time. However, you are required to maintain them to avoid cancellation. To ensure your mark does not lose its protection, you must continue to actively use it in commerce and file for renewal with the USPTO every ten years.
Does dead mean gone?
dead, deceased, extinct, lifeless refer to something that does not have or appear to have life. dead is usually applied to something that had life but from which life is now gone: dead trees. deceased, a more formal word than dead, is applied to human beings who no longer have life: a deceased member of the church.
What is a dead patent?
The term "dead" in relation to patents refers to a patent application that is no longer active or under consideration by the United States Patent and Trademark Office (USPTO).
Can a trademark be renewed after 10 years?
Trademark registration is valid for a period of 10 years from the date of application. The trademark can be renewed further for every 10 year periods thereafter. Application for renewal of the trademark can be filed on or before 6 months, before the expiry of the registration.
Can someone steal my logo if it's not trademarked?
If your logo is registered with the USPTO (U.S. Patent and Trademark Office), you have a strong legal foundation to stop others from using it. But even without registration, you may still have common law rights if you've been using the logo consistently in commerce.
Is it better to trademark or LLC?
An LLC (Limited Liability Company) creates a legal business structure that separates personal and business assets for liability protection, while a trademark protects your brand identity (name, logo, slogan) to prevent consumer confusion, with an LLC being the foundation and a trademark securing your brand's unique identifiers, serving different but complementary roles in business formation and protection. You usually form the LLC first as the legal entity and then register a trademark to protect your specific brand name and logo used within that business.
Can I take over an abandoned patent?
If the inventor confirms that they do not intend to pursue their patent, then it is likely considered abandoned and you can attempt to use it. However, doing so without permission or proper documentation may still present a risk of infringement suits, so it's important to proceed with caution.
What is the difference between a live and dead trademark?
Remember that a pending trademark application will be marked as “live” throughout the pending process until it is either registered (in which it will continue to be marked as “live”) or a final office action is filed (in which it will be marked as “dead”).
How long can a trademark go unused?
How long do trademarks last? The length of a federal trademark registration term is 10 years, but trademarks can potentially last indefinitely. Unlike patents and copyrights, trademarks do not expire after a set period of time.
Does it cost money to renew a trademark?
Maintaining your registration
This has filing fees of $325 for the declaration of use plus $325 for the renewal equaling $650 per class of goods or services.
What is the strongest type of trademark?
Fanciful marks are devices which have been invented for the sole purpose of functioning as a trademark and have no other meaning than acting as a mark. Fanciful marks are considered to be the strongest type of mark.
What is a class 7 trademark?
Class 7 includes mainly machines and machine tools, motors and engines. This Class includes, in particular: - parts of motors and engines of all kinds, for example, starters, mufflers and cylinders for motors and engines of any type; -
What is the most recognized trademark?
Coca-Cola. Coca-Cola is one of the most famous trademarks in the world. The company was founded in 1886, and its distinctive red and white logo has been used since 1887. The company sells over 1 billion bottles of Coca-Cola a day, and the brand is worth an estimated $74 billion.