If the domain name was in use before you registered your trademark you are not likely to have much success trying to obtain it except by buying it. If they refuse to sell I think there is not much you can do about it.
Try to find a .com name that is close to the name you want, or then a .eu. For most a .com is always the most easily recognised and most desirable.

He can use it all day and night as long as he bought it before you did the trademark. Move on and find another trademark.

you have maybe right and maybe wrong but have you so much money so you can start a legal process.
don´t answer my question it is your secret

Prepare yourself for higher costs if you will do a lawful process of this ! it costs probably more than it tastes !
I am pretty sure you will lose if he took the domain name before you started your site, so you can not win this,
and as long as he pays for the renewal of their domain name he owns the rights to use it.

I have just asked my lawyer and he confirms what I tell you.

example: if he lives in usa and you live in romania you have very likely one more problems
what country are you going to process with this ? "what domain holder" it is in usa or it is in your country ?
I think you understand that I mean you must be there personally then they process about this !

my advice is forget the .com address and obtain a new domain address instead !

I wish you goodluck ! now I have told you about my opinion and experience ! no sad faces, I hope

I think in a court you would have problems, as he was using the domain before you registered your trademark. He was using it before you and would have rights to use it. If you are serious you would need to consult a lawyer familiar with such internet problems. And where he is based makes a difference too, if he is outside the country or regions you registered the trademark in then that trademark law may not apply to him.

Wish I had better news for you, but it doesn't look good. The owner of the domain is allowed to do just about anything he wants. He can certainly continue to do what he was doing prior to your trademark filing. Had he tried to contact you to buy the domain from him, he would have been shown in 'bad faith', and you might have had a case, but you contacted him, so that rules that out. Sadly there isn't much you can do except trying to get him to sell. If you're having a difficult time reaching him, you might want to check and see if the domain is listed on any domain auction sites like sedo or afternic. It's a long shot, but you never know. Nothing wrong with using other extensions though! but there is a risk of users trying to access your site, but going to his instead.

read this !

First of all - a trademark is limited to a specific group (kind of business). That means: There can be two or more trademarks called "apple". One is registered for the IT-business, anotherone can be registered for selling fruits...

2nd: A trademark is also limited to a country. That means, that there could be a "apple" for the IT-business in the US and a "apple" for the IT-business in the UK.

So you need to be registered for "apple" in the IT-business wordwide.... That registration fee is a hell of money.... and still there could the the trademark for "apple" in the fruit-business. The only rule is: Your company name or logo is not allowed to confuse the visitors. That means that the fruit-man is allowed to use an apple as a logo too, BUT it has to have other colours and shape...

3rd: there can be "apple" trademarks for grafics and sounds. An acoustic trademark can be slogan or jingle in the radio....

The problem is: there is only one .com domain. So, the 2nd registrar has to use another domain-ending like .us, .info or so. 1st come --> 1st served...

Further on: Imagine, Mercedes-Benz or any other company is using their-company-name.com but they did not register the trademark. Now YOU register the trademark for this business. Try to prohibit Mercedes-Benz to use that name any longer and to give you the domain...

I wish you good luck to get the domain or to convice the owner to sell it... but I would look for a similar domain name...