You can, many people do, and you might get away with it clean. We're just saying it's illegal and might lead to a lawsuit. Or it might not. The risks of keeping/monetizing/selling it are up to you.
Nowadays we always appraise TM names as 'get rid of it', even if the exact searches for that term seem like it should be worth a million bucks. In fact, the more valuable/desirable the TM name is, the more likely it is to attract the notice of someone who's in the position of taking action against you.
This isn't a morality play from me; just straight business: possibility of a lawsuit isn't good business. Whether or not it's worth the risk, only you can decide. But it's not a good idea to put a TM name up for appraisal here at the forum - we appraise it as 'trouble', and it has a lot more eyeballs drawn to it than if you were to keep it under the radar.