My answer to If someone has a domain name, but has not trademarked it, can I trademark that domain name and then se…
Answer by Raad Ahmed:
No, because actual use of the domain name in commerce is what gives rise to trademarkability — not the other way around. In other words, you have to prove your use of the domain name before you will be able to trademark it. Here, the fact that the other person has not registered the trademark does not give you the right to steal their domain name by simply filing paperwork. The scenario you bring up is the exact reason why the use requirement is essential to trademark law.
I would suggest that you speak with an immigration attorney about your other options going forward. At LawTrades, our attorneys have experience obtaining and enforcing trademarks. Visit ourto see how we can help you.