If he was using the term in commerce before you registered the domain, he has the right to the TM in his particular industry. So, no, he would not have to transfer it to you. If you want to use the term in a completely different industry, you can also establish a TM on the same term.
This is generally how it works, but everything may be challenged. Whoever can substsantiate their claims the best, wins.
Also keep in mind that it is not the domain that is TM'ed. It is the word(s) wherever they are used. Just because the domain does not contain a website doesn't mean the TM isn't being used.
You can contact the domain owner through the proxy email in the whois info...
So, you are looking to create a TM in a name and then hopefully go after the .com? Usually that is called reverse hijacking.
But the otehr issue is the TM involved. That can play a part in this scenario...
The domain is nothing 'amazing' and Im sure if the owner could be contacted we could neogotiate. The domain isn't used for anything commercial.
This is all the information I can get on the whois. How can I contact?.
Domain Name: BLANK.
Status: clientDeleteProhibited, clientRenewProhibited, clientTransferProhibited, clientUpdateProhibited.
Registrar: GODADDY.COM, INC..
Whois Server: whois.godaddy.com.
Referral URL: http://registrar.godaddy.com.
Expiration Date: 200X-XX.
Creation Date: 2003-XX-XX.
Last Update Date: 2007-XX-XX.
Kalyse, You will need to use Godaddy's whois function to get the whole page of details. Once you do that, you will see a proxy email address in the registrant's info. Use that address and it will get to the owner...
If they name truly has no use (on or off the net), you could file for a TM. This would reserve the right for you to use the domain for this purpose since you filed the TM first for your category of good or service. It DOES NOT mean the person has to hand over the domain to you whether you or they registered first. Even if you have a TM for one purpose, they could potentially still use it for another purpose. But, at least you know they can't legally use it to directly compete with you.
You can't take it, but you can devalue it for resale to a third party. Unfortunately, they will likely see it as the opposite, that it's more valuable because you want it.
UNLESS...the name is merely descriptive and generic...