You will likely still have an issue with that. Again, the test is whether the mark would be confusingly similar to a consumer. Not having a space in between is likely not enough of a distinction.
does it matter when they started to market their product?
and does it matter that they have waited 4 years before telling us this?
what do you mean by when they started marketing their product?
as in if they trademarked and didn't begin their business until later
As for failure to enforce the trademark - there have been case surrounding this but the time frame was more like 40 years, not 4 years. 4 years would not be seen as so long as to waive the right to enforce the mark.
Well they filed a 1A application which means that they attested that at the time of filing the application they were actually using the mark in interstate commerce.
And presumably provided evidence of such.
sorry just thinking of any options to avoid
They claim that it was first used in commerce in July 200.
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