When you apply for a trademark you also have to state what type of business it will protect. Trademarks are divided into goods and services; there are 45 classes of goods and services used for classification. Goods are divided into 34 different classes and services into 11.

In order for the protection to be appropriate, it is important to define the goods and services for which the trademark is to be used. It is important to register the trademark for the goods and services for which it is actually used, so that you benefit from your registration and can use it to combat any illegitimate use. If the trademark is registered for goods and services for which it is not used, you risk it being rescinded due to non use. For there to be confusion and thus infringement, whoever you consider is perpetrating infringement must be occupied with something similar to what you have protection for, i.e. it must be in the same class or in a 'cross class'.

Registering a trademark entitles you to prevent others from using your distinctive mark. A domain is not a right, it acts as an address on the Internet.

An unregistered trademark is unprotected. If your trademark is unregistered you cannot stop others using it. If a competitor wants to buy AdWords consisting of your trademark, you cannot prevent this. Or a competitor could buy a domain with your wording and link it to his own website. An unregistered trademark affords you no protection. Proving that a trademark is established is an extremely expensive process and only gives you protection in the geographical area where the trademark is established.

The time it takes to register a trademark varies depending on whether it is a national application or an application for a community trademark, etc., and it may also depend on the number of applications received by the office in question at that time. An application lodged with the Swedish Patent and Registration Office now usually takes a few months and an application lodged with OHIM currently takes just over six months. It is recommended that you apply to the Swedish Patent and Registration Office first if you are in a hurry to use your trademark.

Registration of your trademark gives you a sole right, i.e. a monopoly to use your distinctive mark for the type of goods or services in which you have protected your trademark. It has become increasingly important to register your trademark as the internet’s importance to business has increased. If you do not protect your distinctive mark you cannot stop others using your trademark in their marketing, and will have no protection against cybersquatting, illegitimate use of AdWords containing your distinctive mark, typosquatting etc.

An application for a trademark is a public document, i.e. anyone who wants to see it has the right to do so. If you have not protected your domain names beforehand, there is a risk that someone might choose to register domain names with the same wording. If those who register these domain names do not have the same business on their website they will not be infringing your trademark, which means you will not be able to assert your right to it and you will thereby be unable to get the domain name transferred to you. It is thus important to register the domain names you want in conjunction with your trademark application.

A domain name is not per se a right that can be used to assert your right against someone else using the same name or a similar one. Trademark protection also applies on the Internet. If someone has a domain name that infringes your trademark, you can assert your right against them.