What defines a dead mark?

A dead mark is defined as a trademark that is no longer in use or protected. This means that the trademark has either been abandoned by its owner, either because the owner has stopped using it in commerce or has failed to renew its registration. Once a trademark is deemed "dead," it generally means that it cannot be enforced or defended, and it may be available for others to register as a new trademark.

In the context of trademark law, marks that are not actively in use may lose their legal protections, making it essential for businesses to continuously use and protect their trademarks. The status of being "dead" can also have implications for the availability of similar marks for registration, as an owner of a new mark might seek to register a name that once had trademark status but is now abandoned.

A mark that is currently in use, one that has been registered but is not used, or a mark that is actively contested does not fall into the definition of a dead mark, as they all suggest some level of active protection or use in commerce.