I think the only way 2 companies can use the same trademark is with a TM Coexistence Agreement. I will speak with my lawyers about the process of this agreement. I'm not sure you can also own the trademark. If you want to contact the USPTO and see if they will also grant you a TM also that's up to you. I can just let you know that we will not be pursuing you not to use it as I completely agree with you about legal proceedings being a waste of money and time. Also like I said before I think both companies are far enough in the same space to not cause confusion.