trademark co-existence agreement - possible?

[vivariumvivariumsvivaria]

I have a great name for my start up, went to trademark it and it is (of course) already owned.

I'm UK, the company with the trademark is US.
I'm setting up a women's health service, they manufacture women's clothing.
I won't be manufacturing and they won't be providing health services.

Has anyone approached a company you don't to to ask for a "co-existence agreement"? www.gov.uk/government/publications/coexistence-agreement

Is it worth even asking?

If they are not registered in the UK and you are only registering in the UK then no discussion is needed.

No, that's an important detail I should have made clear, they are registered in both the US and the UK, based in the US and sell from shops there but only online in the UK.

I assume they thought the product would be massive and that's why they TMd here - but it's not looking to me like they are selling much in the UK. It's very expensive and there are other people doing similar stuff that's cheaper.

It's only one of about 30 products in their range, so I'm wondering if they maybe wouldn't mind. Assuming they were nice, helpful types

My trademark legal knowledge is a little sparse (I suggest you speak to a trademark attorney) but if the trademark is not registered for the same category as you would be using it for and there is no chance for confusion you should be able to register your own under the different use. Trademarks are given different categories so you need to see what they’ve registered for. Worth speaking to someone qualified to work out if it’s possible.

Brilliant.

I might be in with a chance, they are sufficiently different industries.

I'll sort out the business plan and find a TM lawyer. It's a mine field and I really don't want to get it wrong from the off, but the name is the one that gets the most positive response from women, they "get it" straight away.

Right, ho, am on it. I'll wave when I'm on Dragon's Den.

Good luck!