If your trademark is listed as "dead" it is most likely because you didn't respond to an action requested by the trademark office. You may be able to revive the application to get it back to an active status if you can prove that you did, in fact, respond to the action. Generally, even though the trademark is dead, only the original trademark owner can revive that specific case. But another person can open a new trademark application with similar details and the dead trademark would not bar them from being granted the mark.
Instructions
1. Compile proof of the fact that you did respond to the last action on your trademark case. This would include any proof of the fact that you responded to the previous communication, including a copy of the letter that you mailed, the person that you spoke with, and return receipts from the post office.
2. Send a certified or registered letter to the U.S. Patent and Trademark office (USPTO) that includes your case number, name, the name of your trademark, and your claim that you did in fact respond to the action. Get a return receipt so that you can verify that they received your letter.
3. If you cannot prove that you did respond to an action requested by the Trademark office, you will have to reapply for the trademark and open a new application. As stated earlier, your "dead" application should not bar you from being approved for the new application, as long as someone else did not apply for the trademark again first.
