Q: If a trademark is "dead" on the UPSTO Tess search can you file to use it as your own?
A: A dead trademark indicates that it is available for registration yes, but you'll still have to go through the registration process which entails completing and filing a registration application and demonstrating actual use in commerce.
Marcos Garciaacosta agrees with this answer
Yes you can file for it
Getting it will depend on meeting the criteria for a registration
Consult with an attorney to make sure you have a better chance
A: A "dead" trademark application or registration may indicate that the mark is available for registration, but it does not indicate whether the owner or another business owner is using the trademark in commerce. The previous owner may have neglected to renew the registration, or another owner may be using the mark for similar or related services and has not applied for registration. Consult with a trademark attorney to assist you.
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