Can a name be considered intellectual property and protected if it is only registered as an unused domain?

I have developed a product and will soon be marketing it. I have already filed the application to register the name as a trademark for the company. However, the name is registered as a domain name that is not currently and has not been used by the current owner since it was acquired 9 years ago. What protection does he have and what rights do i have to take the product to market?