There is a lot of "gray" areas in the trademark area. Has your trademark "7" been used in a distinctive area, such as a city or definable geographic area? Has the other user registered the trademark?
Ours has been used worldwide as is theirs I believe
This is theirs http://www.solgar.com/SolgarProducts/Solgar-No-7-Vegetable-Capsules.htm and the following is ours http://7cream.ca/7-cream/. Different types of products but we are working on a supplement that would have the same gold 7 we have always used and that they are now using.
their trademark is Solgar, not the gold 7 and we dont have a TM either. However it is confusing to the consumer as both products are in the same department, ie HABA.
Thanks I guess the next step is to try and register the trademark
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