You may have a stronger case if you filed for the trademark before the domain name was created. Although, it’s not a clear cut situation. But, let’s say that you have been using the trademark for business and have proof that you have gained revenue from it, then you will have a much more compelling argument if the person who owns the .com is just squatting on it. Trademarks and other IP has much more to do with the consumer experience and that will likely determine how the courts see the situation as well.
You should consult the advice of a trademark attorney to really discuss you options.can connect you with an experienced trademark attorney that can help you understand your rights and option for litigation. We offer affordability and flexible communication that you simply won’t find with traditional law firms. Check us out and get in touch if you’d like a consultation.