Trademarks on the internet
The exclusive right to a trademark is also valid on the internet. However, a similar or identical domain name does not necessarily mean infringement.
A domain name cannot be compared to a trademark registration or an established trademark:
- It does not give any exclusive right to use a word as a trademark for goods and services
- It does not stop others from using an identical word as a trademark in other contexts.
Confusingly similar trademarks
A registration will stop others from using trademarks that are confusingly similar to yours. You need to decide whether the domain name has a commercial business behind it and if so, if it is similar to the goods and services that your registration covers.
If it is not a commercial business or if it has a completely different type of business than the goods and services covered by your registration, the use of that name is most likely not infringement.
There are exceptions: if the trademark is well-known to targeted customers the assessment is that confusion is not only likely because of similarity. A well-known trademark also has reputation, credit, among customers and the general public. If you have a well-known trademark you can sometimes stop all commercial use of your trademark as a domain name.
Domain names have a global impact
A national trademark registration gives you exclusive right to the trademark within Sweden. A domain name has a global impact since the domain address is accessible all over the world. If anyone has registered a domain name to use your trademark you can act to stop the infringement, even if the domain name has been registered outside of Sweden.