A “live” trademark registration or application is one that is active (on either the Principal or Supplemental Register), or pending (one that has been applied for and is undergoing examination.) A “dead” trademark registration or application for registration is one that has been abandoned, withdrawn, or cancelled. The distinction is important because the USPTO will only deny registration of a mark if it is confusingly similar to a “live” mark. Confusing similarity to a “dead” mark will not prevent registration.
It is important to understand that the USPTO’s classification of a registration or application for registration as “dead” does not mean that the trademark does not exist. A trademark listed as “dead” in the USPTO database may nevertheless be valid and enforceable as a common law trademark. Making that determination will require research using resources external to the USPTO