Dead [Patent] Law and Legal Definition

In relation to Trademark law, the “dead” status for a trademark application means that the specific application is no longer under prosecution, and would not be used as a bar against filing. It is also possible to revive an abandoned or dead application. For instance, if the United States Patent and Trademark Office (PTO) have declared the application abandoned due to the applicant’s failure to respond to an Office action, but the applicant later proved that a response was sent and the PTO simply failed to match it in a timely manner, then the case could be revived. Also, irrespective of the status of an application within the PTO, the owner can still use the mark in commerce.