Digging for Gold in the USPTO’s Graveyard: How “Dead” Trademarks Are Making Entrepreneurs Rich

The United States Patent and Trademark Office (USPTO) maintains one of the most valuable—and most overlooked—public databases in the world. Within its digital archives lies a graveyard of millions of trademarks labeled simply: DEAD. To the untrained eye, these entries are nothing more than failed applications or forgotten brands. To a growing number of savvy entrepreneurs, they represent a modern-day gold rush.

“Trademark abandonment is a new kind of industry. It’s a new kind of gold rush,” says Jeff Kaplan, whose company RetroBrands has built a business around reviving abandoned brands.

In this guide, we’ll explore what dead trademarks really are, how to find them in the USPTO database, and—most importantly—how everyday entrepreneurs have turned forgotten brand names into fortunes.

What Exactly Is a “Dead” Trademark?

In the simplest terms, a “dead” trademark status means the USPTO is no longer processing the application or maintaining the registration. The file is effectively inactive. When you see “DEAD” next to a trademark in the USPTO database, that mark no longer has any federal registration rights.

A trademark can die for several reasons:

1. The application never matured to registration. This happens when an applicant fails to respond to an Office Action from a USPTO examining attorney, or when a third party successfully opposes the application. Office Actions raise issues like a logo being too similar to an existing mark or a goods description being too vague—and missing the strict deadline (usually three months, extendable to six) results in abandonment.

2. The owner failed to file renewal documents. Trademark registrations aren’t permanent. Owners must file maintenance documents periodically—and if they don’t, the government cancels the trademark and it becomes dead.

3. Someone successfully petitioned to cancel the trademark. A third party can challenge a registration on grounds that the mark is too similar to their own, or that the owner stopped using it.

A critical nuance: a dead status at the federal level means you’ve lost federal registration rights, but it does not automatically mean you’ve lost common law rights. If the original owner is still actively using the name in commerce somewhere, they may still have legal claim within that geographic area.

Why Trademarks Die: The Hidden Opportunities

Most trademarks don’t die because the underlying business failed. They die because of neglect, oversight, or changing priorities.

Consider these common scenarios:

• A startup files a trademark application, receives an Office Action, and simply never responds because the founders got distracted running their business.
• A corporation acquires multiple brands, shuts some down, and never bothers to maintain the registrations on the ones it abandoned.
• A business pivots to new products and lets its old brand registrations lapse.
• A company goes bankrupt, and its intellectual property assets are overlooked during liquidation.

In each case, the brand name—sometimes with decades of built-in consumer recognition and goodwill—sits in the USPTO database, technically “dead,” but potentially worth millions to someone willing to resurrect it.

How to Find Dead Trademarks Using USPTO’s Free Tools

The USPTO provides free public access to its entire trademark database. Here’s how to start your treasure hunt:

Step 1: Access TESS (Trademark Electronic Search System)
Go to tmsearch.uspto.gov. TESS contains text and images of registered marks, pending applications, and abandoned applications—all searchable free of charge.

Step 2: Search strategically
You can search by keyword, owner name, serial number, or registration number. To find dead marks specifically, pay attention to the “Status” field—you’re looking for “DEAD.” You can also filter by how long the mark has been dead.

Step 3: Verify details in TSDR
Once you find a candidate, use the Trademark Status and Document Retrieval (TSDR) system at tsdr.uspto.gov. Enter the serial or registration number to pull up the complete prosecution history, including Office Actions, correspondence, and the exact reason for abandonment.

Step 4: Check the assignment records
Search the USPTO’s Assignment database at assignments.uspto.gov to see if the mark has ever changed hands. This can reveal whether the original owner still has any lingering interest.

Step 5: Don’t stop at the USPTO database
A dead federal registration doesn’t mean the mark isn’t still being used in commerce. Search state trademark databases, conduct internet searches, and check business directories to see if anyone is still actively using the name.

The Legal Landscape: What You Can and Can’t Do

Here’s where many aspiring trademark revivalists get confused. You generally cannot “buy” a dead trademark from the USPTO. Once a trademark is abandoned or canceled, it’s effectively up for grabs—you simply file a new application with the USPTO using that same name.

However, there are exceptions. If the trademark is still technically “live” but the owner is willing to sell, you can acquire it through a trademark assignment—a formal transfer of ownership that must be recorded with the USPTO. The assignment must include the associated goodwill to remain valid. The assignment should be recorded within three months of the transfer to protect against subsequent purchasers.

Alternatively, if you can prove that the original owner has abandoned the mark—meaning they stopped using it with no intent to resume—you can file a petition to cancel their registration. If successful, the USPTO cancels their registration, and you’re free to file your own application. This is exactly how Christian Ziebarth revived the Naugles restaurant chain, which we’ll explore below.

Key risks to understand:

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Success Stories: Entrepreneurs Who Got Rich

The most compelling evidence that dead trademarks can be a goldmine comes from the entrepreneurs who have already struck it rich.

Ellia Kassoff: From Astro Pops to a Brand Revival Empire

Ellia Kassoff, a Newport Coast businessman, started his journey with a simple craving: he wanted to buy Astro Pops, his favorite childhood candy. But Spangler Candy had stopped making them in 2004. Kassoff decided to revive Astro Pops as a hobby—he bought the brand name and recipe, found a contract manufacturer, and sold more than a million Astro Pops in a single year.

That hobby became a business. Kassoff founded Strategic Marks LLC and Leaf Brands LLC, acquiring dead candy brands like Farts, Screaming Yellow Zonkers, and eventually resurrecting his uncle’s old company, Leaf Brands, which once distributed Jolly Ranchers and Milk Duds before being acquired by Hershey in 1996.

Kassoff’s success attracted competition. Today, a cottage industry of “brand revivalists” has emerged, including River West Brands (which revived Coleco games, Eagle Snacks, and Brim Coffee) and entrepreneurs reviving National Premium Beer, Boast polo shirts, and the Seafood Shanty restaurant chain.

Brand expert Chiranjeev Kohli explains why this strategy works: “It can cost millions of dollars and take years to build a brand. Reviving one is cheaper than starting from scratch”.

The Polaroid Resurrection

When Polaroid Corporation filed for bankruptcy in 2008, most people assumed the brand was dead forever. But a Dutch company called Impossible Project saw something different: the name “Polaroid” still retained enormous market and historical value. In 2017, they bought the Polaroid trademark and began selling instant cameras and film.

They tapped into the nostalgia trend, positioning Polaroid not as an obsolete relic but as a “classic.” The strategy worked brilliantly. Today, Polaroid is beloved by both older consumers who remember the original and younger ones discovering instant photography for the first time. Death of a product, it turns out, doesn’t necessarily mean death of the brand.

Christian Ziebarth: One Blogger vs. Del Taco

Christian Ziebarth was a web developer by day and a food blogger by night when he became interested in Naugles, a Mexican fast-food chain that had vanished after merging with Del Taco in 1988. By 1995, the last Naugles restaurant was gone.

Ziebarth applied to register the Naugles trademark in 2010, but Del Taco still held the registration and blocked him. Instead of giving up, Ziebarth petitioned the USPTO to cancel Del Taco’s registration on the grounds that they had abandoned the mark. After years of legal battle, the Trademark Trial and Appeal Board agreed with Ziebarth, canceled Del Taco’s registration, and opened the door for Ziebarth to claim the name.

The Board applied the Lanham Act’s abandonment standard: when an owner stops using a trademark with no intent to resume, the mark is abandoned. Del Taco had not used the Naugles name in commerce for years. Secret menu items and old website references weren’t enough to prove ongoing use.

Today, Ziebarth operates pop-up Naugles restaurants, bringing back the chain’s signature foods and capitalizing on decades of built-up nostalgia.

Norman Norell: Winning a Trademark by Simply Asking

Perhaps the most unusual success story comes from two Manhattan entrepreneurs who won the trademark to the Norman Norell label—one of America’s most respected fashion designers—simply by asking for it. They relaunched the Norman Norell New York collection and apparently won the trademark with minimal resistance.

Nokia: Licensing Instead of Owning

When Nokia lost its dominance in the phone industry to Apple and Samsung, the Finnish company could no longer compete in phone manufacturing. But the name “Nokia” still retained value. Instead of letting the brand die, Nokia licensed its brand to HMD Global, which now produces phones under the Nokia name. Nokia phones have enjoyed a quiet resurgence, proving that a brand’s value can exist completely separate from the original product.

Step-by-Step: How to Revive a Dead Trademark

If you’ve found a dead trademark you want to bring back to life, here’s the general process:

1. Conduct a thorough search. Use TESS, TSDR, state databases, and internet searches to confirm the mark is truly abandoned and not still in use under common law rights.

2. Consult a trademark attorney. This is not optional. A good attorney can conduct a full federal, state, and common law trademark search and provide an opinion on whether the mark is actually available.

3. Determine the best path forward. If the mark is truly dead and no one is using it, file a new Intent-to-Use application with the USPTO. If the mark is still registered but abandoned in practice, consider filing a petition to cancel the existing registration.

4. File your application. If the original owner still holds a live registration and is willing to sell, negotiate an assignment agreement. Draft a formal assignment, have both parties sign it, and record it with the USPTO using the Recordation Cover Sheet.

5. Begin using the mark in commerce. Under U.S. trademark law, registration alone isn’t enough. You must actively use the mark in commerce to maintain your rights. A mark is presumed abandoned after three years of non-use.

Risks and Challenges: Not All That Glitters Is Gold

Reviving dead trademarks isn’t without peril. Here are the biggest risks:

The Macy’s Problem
When Ellia Kassoff’s Strategic Marks applied for abandoned department store names like Jordan Marsh, Bullock’s, and Filene’s, Macy’s—which had bought those chains years earlier—sued for trademark infringement and unfair competition. The trademarks were frozen pending litigation. Even if a mark appears dead on paper, the original owner may still have significant resources to fight back.

Residual Goodwill Can Be a Trap
A zombie trademark is a mark that has been legally abandoned but still retains consumer recognition. Reviving one can be profitable, but it can also trigger lawsuits from the original owner if they claim ongoing rights.

You Can’t Revive a Canceled Registration
If a trademark registration was canceled for failure to file post-registration maintenance documents, it cannot be revived. Your only option is to file a new application from scratch.

The Revival Window Is Tight
If you’re trying to revive your own abandoned application, you generally have only two months after the Notice of Abandonment to file a Petition to Revive. Miss that window, and you’re starting over.

The Bottom Line: A Modern Gold Rush

The USPTO database of dead trademarks is a public resource available to anyone with an internet connection. Inside it are thousands of brand names with built-in consumer recognition, nostalgic appeal, and market value—all waiting for someone to bring them back to life.

Jeff Kaplan of RetroBrands put it best: this is a “new kind of gold rush.” And like any gold rush, the early movers have already made fortunes. Ellia Kassoff turned a childhood craving into a brand revival empire. Christian Ziebarth took on a national restaurant chain—and won. The Impossible Project transformed Polaroid from a bankrupt relic into a beloved lifestyle brand.

The question isn’t whether there’s opportunity in dead trademarks. The question is whether you have the patience, the legal guidance, and the vision to find the right one.

Check out the most recent list of expired registered trademarks here. 

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Trademark law is complex, and the risks of infringement or opposition are significant. Always consult a qualified trademark attorney before using or filing for any trademark, dead or otherwise.