Trademark from common word?

[staringatascreen]

I've identified a really good name that's available after scouring the deleted domains list for hours. It's got over 40k searches/month, has a hyphen that is actually part of the name, and is an increasingly popular market in the world.

I looked at trademarks and it's a registered trademark for some company in HK. But it's a common term that describes an industry. This industry is new, but the term is pretty commonly accepted and has been for the past 18 years or so (when this particular domain was first regged). Likewise, there's a lot of companies with similar names like without the hyphen, or with the word "company" at the end. I am confused how companies can register these industry specific names and if domainers can pick up the generic industry term without a possible lawsuit?

The last user had it for all of the last 18 years and developed it into a website (that is highly relevant to the niche) according the wayback machine.

So what's the deal? Can I register this name?

 

[staringatascreen]

Update:
It looks like my dyslexia got the better of me and it only looks like the word (one letter off). I swear I checked it so many times. Out of all the misspellings I've ever seen, this was really close. e-heatlh was the term in question (notice the misspelling- I didn't).

But the question still remains. Like if someone registers advertising.com or marketing.com or something like that, what do the laws around that state with regards to cyber-squatting?

This then poses a further question which is, would a misspelling like e-heatlh.com be considered cyber-squatting for the e-health trademarked companies?

 

[Justin Matmor]

depends how well known the brand is.

For example. If you tried to register googel.com I reckon you could be in trouble. But if you tried to register a name which is not well known and could have many uses then you should be fine.