Can You Register a Dead or Canceled Trademark?
When they say a corporation's trademark is dead, it means the trademark was not renewed, no report has been filed to the registration office in the past 5 to 6 years, and the trademark has gone to the canceling system. Now you may ask if you can register a dead trademark.
The first thing to consider is how long it has been since the trademark registration was canceled. This is free information and anyone can check it by searching on the trademark website.
The second thing to consider is why the registration was canceled. Is it because they haven't filed the reporting forms about the active status of the trademark, or was there a lawsuit? If there is a lawsuit, you may also get sued as someone who wants to be the new owner of the trademark, and you may lose, too. Remember my personal example about the Oscar Academy's legal complaint. If someone wants to register the name I did and failed due to the complaint, that person would definitely face the same stiff opposition and lose.
The other thing to consider is whether the name is still being used in the market. If it is actually working, then a request to register it is risky and you shouldn't think about it at all.
In the last step, you should check how much a dead trademark is worth anyway. You are getting a name which used to belong to someone else who couldn't follow the process, say, because of illness and hospitalization. If that person comes back and requests renewed registration, they have priority over you, since they asked before you and have a longer history. It is interesting to know that a trademark is transferable: you fill in some forms and sell it, and it will be transferred to a new person.