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[Rory Robertson]

If someone opened a food & beverages establishment with the name F&C cafe, would I be able to open one named F&C, or something with those letters in it (eg F&C bar) that sold the same food.   ie for this example pretend F&C means Fish & Chips.


Also the person who registered the TM that blocks mine registered it in 2003 and hasnt used it. Can I get this TM removed through non use? How long would i have to wait for that?


Any help much appretiated.

Thanks
Rory

[Isaac]

Hypotheticals using made up trademarks are impossible to answer because they don't contain enough facts to assess the likelihood of confusion.  Further, it is not worth the effort to analyze the hypo because it is not likely to give any incite into the poster's true situation.  The exact marks involved make a huge difference.

For non use, there is a presumptive period of non use (I think the period is two years), but even that presumption can be rebutted by a showing of an intent to resume use.    

In theory however, a trademark that has never been used is unregisterable.  Part of the process of registration is swearing to use in commerce.