I have a name that I'd like to use for my beverage but in doing a search found it already registered to someone back in 2002 as a food & beverage establishment. However, in conducting a search , nothing came up which makes me think that they never actually used the name.
If that's the case I know one option is to see if they would sell the TM. What are my other options besides finding a new name. If I decide to go ahead and file, how do I let the TM office know that the name hasn't been used by the original owner?