If the domain was registered before the TM was made, then you have no right over the domain. You can get into a lot of trouble if you go around saying that you own the domain, due to only having the TM. Just ask about acquiring it - anything else, and you could be looking at a lot of trouble mate..
There are a number of "services" out there (If you Google the term - domain acquisition service) that'll try and "obtain" a domain which has been registered to someone on your behalf, and might I add, some do charge a hefty fee too!.
An alternative (if the domain is parked), would be for you to contact the registered owner of the domain - using "whois" tools, or similar, and ask them if they would be interested in selling, and perhaps make them an offer!..
It sounds like you want to try to reverse hijack the domain name. They are not squatting when they were around before you.
The way you stated this a claim on the domain has no merits.
I agree with bmugford. You should try to buy the domain...
Hopefully we dont come as harsh, but what everyone else said before me was true...
It seems like (from your story at least) that the domain is already existing before your TM so in essence the current owner did not cybersquat as you claimed.
I suggest you give the domain owner a message that you want the domain..
The domain is owned by a company that specializes in reselling domains.
Ive been using this company name for a while.
The reason I call it squatting is because they have no intention of using the name, they are waiting for a company to come around with that name, with the prupose to simply sell it to them.
They own around 14k domain names...
Your point is?.
It is no different than owning actual property. The owner can do with it as they please unless it is a clear TM violation.
"Ive been using this company name for a while.".
Then why didn't you register the domain name before?.
Or was it already registered?.
"The reason I call it squatting is because they have no intention of using the name".
That's your opinion.
Since we don't know the domain, we can't see how it's "being used"..
"they are waiting for a company to come around with that name, with the prupose to simply sell it to them.".
Pure speculation on your part..
In case you don't know, the rules for domain registration are: First Come, First Served.
Unless they are violating a "genuine" trademark.
Just because you woke up one day and decided to register a domain that is already taken,.
Does not make that Registrant a cybersquatter.
I know it's disappointing to find the domain you want already registered, but the best thing you.
Can do is follow the advice you've been given here from your fellow NPers and try to acquire.
The domain for the lowest price you can.
A company name in and of itself is generally NOT a trademark... Unless the company is actively selling products with the company's name on it and/or the products are often referred to by the company's name.
The scenerio you've described doesn't fit that - all you have is a company name.
On an aside, often a company name isn't that important - many, even large corps, often own some variation of their company name instead of the exact name because the domain was already taken.
Anyways, if you must have the domain, I'd suggest trying to buy it from the current owner. But don't mention to them anything about having a company with a similar name / pending TMs, etc because they'll likely just jack up the price.
I see you considering doing REVERSE DOMAIN CYBERSQUATTING !.
Pending TM means absolutely nothing except that it means you do not have a TM at the time of the domain's first registry.
Pending also means the current "parker" can protest the pending registration for 30 days after it is first published and ask for a concurrent use of the mark.
Unless you have a common law trademark or a prior strong claim for one, you best make an offer. Posting that you considered bluffing a 15 1125(d) action opened you up to pay more for the parked domain. It will also be evidence that sinks you in court or at a 'tribe-you nal'.
Cybersquatting is registering a domain that may violate a TM at the time of registry!.
Unless you had an extremely strong common law TM you will lose. Without one; You may have just created a civil liability.
Make an offer around ten times your cost estimate or look into another domain..
PM me or search any search engine using my name and cybersquatting for more info..
You appear to be trying to use an anti-cybersquatting allegation threat as a cost mitigation..
You should have posted more info without asking NP'rs to contact you. It screams RDNC...
To expand what Ron explained, jcsarokin, look up tradename and trademark. Been discussed before.
Try to work it out with whoever possesses the domain name. Surely you can make your money back with your venture?..
Do not contact the current domain registrant directly.
Use a trusted fellow domainer - there are plenty here on NP - to acquire the domain for you on your behalf.
The proxy buyer, if professional and experienced, will approach with a "reseller" POV... asking for parking/CPM/figures and mention nothing about end use. Have it appear to be strictly be a reseller buying from another reseller in a down market.
Note that the key point is trust; if trust isn't there, then build it into the acquisition contract with NDA / NCC terms if need be.
The last thing you want to do is approach a reseller having her/him think that you're actually the end user.