When it comes to trademark infringement issues, the priority is to determine whether or not there is a likeliness for consumer confusion. For instance, if you have the same or incredibly similar trademark within the same type of business then that will likely cause customer’s a level of uncertainty. Consumers may be unsure of the reputation or even the products offered by the company if the businesses are too similar. Basically, if one company could impact the success of another based on trademark use—then that could certainly fall into trademark infringement.
However, as you indicate here, the business is not in direct competition which most likely indicates that there is little or no customer confusion. However, it would be in your best interest to discuss your situation in depth with an intellectual property attorney. They can help you identify any potential conflicts or if there is a need for you to pursue legal action.
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