Q: I want to name and trademark my new company but the twitter handle for exact this name is already taken.

A: Maybe. The real question I think you are asking is whether you have any legal right to force the owner to give you the Twitter handle.

You could always negotiate privately with the owner to transfer the handle to you, which is what I would recommend before your business becomes more visible and successful. If the owner isn't active, you don't appear to have deep pockets, and there's a small financial incentive for the owner, he/she may be willing to part with it for little to no investment by you. While Twitter's terms of service and rules do not allow exchange/sale of user names, it appears that Twitter does little to enforce that policy. If you do go that route,

On the other hand, if you were to get into a formal legal dispute, the outcome is less certain. Presently, it appears that the person who owns the handle is not active, and thus is not squatting on your business interests or causing you business harm. And if the owner is not doing anything harmful (such as masquerading/posting as you), then there is likely little that can be done to legally compel transfer, though you may be able to prevent the harmful activity. If the handle becomes an absolutely necessary business asset, engage an attorney experienced in social media rights and ICANN disputes.

A: Maybe. The real question I think you are asking is whether you have any legal right to force the owner to give you the Twitter handle.

You could always negotiate privately with the owner to transfer the handle to you, which is what I would recommend before your business becomes more visible and successful. If the owner isn't active, you don't appear to have deep pockets, and there's a small financial incentive for the owner, he/she may be willing to part with it for little to no investment by you. While Twitter's terms of service and rules do not allow exchange/sale of user names, it appears that Twitter does little to enforce that policy. If you do go that route, there are a few ways to effectuate a transfer, the easiest of which would likely be the owner changes their handle and you simultaneously register it yourself.

On the other hand, if you were to get into a formal legal dispute, the outcome is less certain. Presently, it appears that the person who owns the handle is not active, and thus is not squatting on your business interests or causing you business harm. And if the owner is not doing anything harmful (such as masquerading/posting as you), then there is likely little that can be done to legally compel transfer, though you may be able to prevent the harmful activity. If the handle becomes an absolutely necessary business asset, engage an attorney experienced in social media rights and ICANN disputes.