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[jonnybliss]

I am starting a company that for protecting of identity on this forum is called "Windy City Decks". However there is a company in the same state as me who filed for US trademark on "City Decks". The status of the trademark is "dead". We are in the same industry. Do I have an issue?

[Yak]

You potentially could have an issue.  Trademark rights arise out of use, not out of registration. The mark could be "dead" for a variety of reasons but it still may be being used by the other company. 

[OMG IP]

I am starting a company that for protecting of identity on this forum is called "Windy City Decks". However there is a company in the same state as me who filed for US trademark on "City Decks". The status of the trademark is "dead". We are in the same industry. Do I have an issue?

One simple check is to google the company and see if they have a website up and running using the mark.  Your state should have a Corporations section (under Secretary of State) that will allow you to search trade names and trade marks.  Typically very cheap.

[Sudhir Kumar]

you could seek an investigator services to ascertain whether said company is using that mark. Or as your mark has certain prefix attached to it, whether said prefix is prime Distinctive element of mark or not. if it is, then chances are good for registration. Secondly whether the "dead mark" is sufficiently distinctive?

Also consider whether said "dead mark" is well known in your field or business. is it promoted or advertised or is traded through same channels. If answer is "no" inference can be made that said company is no longer interested in said mark.