I registered xxxx.ORG (and a few other TLDs for xxxx). The xxxx.COM was already taken. The xxxx.COM was registered many years ago before I registered my xxxx.ORG and is providing the same service I am providing. There is no brick n mortar store, it appears to be one guy doing a small amount of work.
There is no trademark for xxxx.COM and on but his site says www.xxxx.com at the top. He has another domain name xxxxbbbb.COM and he refers people to email him at xxxxbbbb.COM. He also provides the same service at xxxxbbbb.COM.
At the bottom of his page he says copyright (c) 2015 www.xxxx.com
My first question is, even though he doesn't have a trademark could I be in trouble for providing the same service on other TLDs (.ORG , etc...)?
Second, I want to trademark xxxx.ORG as my trademark. Can I trademark xxxx.ORG even though he has used xxxx.COM to do business but doesn't have a trademark?