I am thinking of establishing my company with this name, and the is only registered with .com name, so i register .net, .org, nd all other TLD extensions, so is there i way i can get the owner to surrender that domain name?
Unfortunately, no. You'd have to buy it from him, unless you own the trademark of the domain name and he's using it in the same business category that the TM was set to.
Purchasing it from the current owner is the only way to acquire the domain name. Registering a company gives you no right to a domain name that was registered before your company was established.
Mmhh... you have to contact of the owner directly and make the offer or ask the question if he/she want to release the ownership for the domain. But of course... i have no experience in that part to make agreement in both side and trustable. Maybe in flippa they could act as third party that connect the seller and buyer. I don't know if it safe or not. Anyone ever have any experienced with this. I do interested to know how to buy it if there is agreement in both side. Whether the buyer trust the seller by transferring the money first, or the seller trust the buyer first by pushing the domain or there is another way to connect both of them with third party? opinion? anyone?
You can use a third party but unless the purchase price is fairly substantial, the cost may outweigh the risk of losing the purchase price.
Have you considered this? As the domain name was already registered and your company is not yet established, There is every probability that the Owner of the domain name could be in their rights to demand you surrender the domain names you have bought. I would be interested in MJewels thoughts on this as well.
Trademark generally do not give you exclusive rights to a name. The exception can be coined terms and famous marks. The .com would have to of been used in commerce - i.e. if it is just parked, there is no usage from the domain and it cannot be a trademark (if the person was running a business under that name, but not using the domain - then usage and trademark rights could have been established. Assuming the .com as acquired common law trademark rights, and if the OP intends to use the domains he purchased for a similar usage, he could certainly be infringing upon the rights of the .com owner. There are many businesses that have registered or acquired common law trademark rights to a name but do not have a web presence. They could still take the domains if it was infringing. One example would be adsense.com. A business had been established using "Adsense" and someone unrelated had registered the adsense.com domain and was using it for an advertising related business. I believe they had used the adsense.com domain for many years - apparently without any objection from the company that started using the name first. As trademark rights go to the first person use, and continue to use, Google went to the original users of "Adsense" name (not the .com business) and purchased the goodwill. That gave them the trademark rights to "Adsense" and they used those rights to take the adsense.com domain - and I believe without any payment to them. Google had to acquire the rights from the legal owner - if they had just purchased the domain, they would have been infringing and would likely have been sued. This is why a proper trademark search needs to be made. You just can't see if someone is using the domain, you have to check for all prior usage - even a mom & pop operation who operate a small mail order business out of their house and who have never used the internet. There are many instances of companies who want a particular domain, the owner doesn't want to sell, so they search for prior usage by someone else, acquire the goodwill, and then use it to take the domain.
I didn't know that story about Adsense. Don't you think the domain owner can argue that Google "Adsense" is just new and he got to the domain even befoer Google Adsense? I mean if the business owner of Adsense made the complaint then it's alright but everybody knows they just bought the name.
If you purchase the goodwill of a business, you are the "new" owner, but your ongoing rights extend back to that of the person you purchased it from - just as if you had always owned the domain.