Hey guys i really need some help out here. One of my competitor is running a domain name with my trademark lets say ABC.com (Here ABC is my trademark in US). How can i claim this domain as i need to buy it?
You can not claim a '.com' simply because you have a '.us' extention with the same name! Trademarks don't apply to these extensions. However if the '.com' owner is using any copyrighted material from your site then you can take action on him. But, you cannot claim the '.com' extension until or unless the owner is willing to sell that.
So how can apple have claim iphone5.com (http://www.tomsguide.com/us/apple-domain-iphone-5-ipad-name,news-15117.html)?? This is the same issue that i am having right now. Here ABC in "ABC.com" is my registered trademark on http://www.trademarkia.com.
If you have a legally registered trademark and are operating as a company under that name then you can claim that domain back. Having the domain something.us does not mean that you have a legal right over something.com. If you actually have a trademark you would need to go to an arbitration service and start legal proceedings to get it back! Plus you might loose. Plus you should probably have quite deep pockets! Good Luck!
Its not a valid reason to make complaint about the little point .com and .us you need trademark of company name in domain.
Just going on the Apple trademark example here is a domain Apple has failed to get because the company who owns it is a registered company under that name - does not matter about trademarks as it is about proof your company is related to that domain: apple.co.uk Trademarks can help get domain names from individuals but not from companies that may have the same name or product.
They have bought the domain before you. This will help them to save. Unless you could able to claim the domain using your copyrighted materials, there is less chance to win. If you want that domain contact them with some offer to buy. If you want to go to court then get ready for both win and loss which may stand on your way.
If you want to dispute their registration, you can use: http://www.icann.org/en/help/dndr/udrp However, you need to assess if it is worth the cost, and your likelihood to win.