Law-Forums.org

[bardoul]

looking to trademark a name, but its being used under a .org

[janyd]

There is no possible way we can know, for certain, whether someone using a similar domain name in a different TLD has any connection with particular goods or services that are related in any way to your particular goods or services anywhere else in the entire universe.

Domain names are, by definition, globally unique. Trademarks can be used simultaneously by any number (possibly hundreds) of different businesses in different markets.

The mere fact that someone already has a similar (or identical) second-level domain part is almost completely irrelevant to whether they also have a trademark of any value, using that or any similar name.