I mean... can I use the term bitcoin freely in my business ?
No, it's not trademarked, yes you can use it freely.
Ahem
https://www.mtgox.com/press_release_20111014.html
https://oami.europa.eu/eSearch/#details/trademarks/010103646
Of course at the time MtGox stated they "had" to keep the trademark as there is no way to release a trademark into the public domain. However there is now a non-profit foundation, however the trademark remains with a for profit company. All for your own good, of course. We all know that MtGox, its owners, and all future owners until the end of time will never attempt to profit from this very valuable trademark.
So it certainly is trademarked and today MtGox (without any legal obligation on their part) says you can use their property as you see fit. Will they next year? Next decade? Of course MtGox could easily transfer the trademark either to an existing non-profit or create a new perpetual trust whose sole goal is to protect the Bitcoin trademark but that hasn't happened. I am sure they just haven't go around to it yet.
