Abandoned Trademark

[Jernet]

Many of you have probably heard of Netprowler. It is some kind of security software developed by Axent Technologies a few years back. The name 'netprowler' was also registered by them as a trademark. Since then Axent has joined with Symantec. The name 'netprowler' has long since been abandoned (almost 4 years now).

I own NetProwler.com, which has been registered since 1996. Does anybody know if I can use this domain free and clear of any problems, and also, possibly register it myself as a trademark?

I have never had any problems from any of these comapnies, and had also contemplated contacting them to see if they were interested in developing it, but I am a little leary at the moment, as laws and rules are very complex and confusing these days.

Any help would be greatly appreciated.

Thanks!

[jberryhill]

If you apply for TM registration and the prior registration is raised as a grounds of refusal, then you may respond by showing evidence of at least three years of non-use to support an argument that the mark has been abandoned.

[Jernet]

Thank you John.
If I decide not to go the TM route, do you forsee any problems with me still using the domain?

[jberryhill]

I have not researched this mark or its use. Per usual, the best "trademark database" is google.

[DomainNameBroker.com]

So, can you use philipmorris.com domain name to sell sigarettes without a risk if 'philip pmorris' TM was just canceled or otherwise abandoned?