So, I bought www.mcdonaldsrocks.com... What's the big deal?

So, you've got this stellar idea.

You've seen this URL at the domain registrar that is similar to a national brand and you think, "I've got to have that! I'll put up a site about how much I love their product!"

So, you register it. You start talking to your buddy about it and he says, "You can't register that domain name. It's got a trademark in it. You're in big trouble, man." So, who's right?

Yum!  You know what this needs... Bacon!

Let's assume, for the purposes of this argument that you've registered, mcdonaldsforum.com. Your name isn't McDonald or anything like that. In fact, you own a small burger joint in Toledo where folks can order online to have the burgers shipped anywhere in the world.

You want to put up a forum that talks about McDonald's. You're planning to put some links to your site, but it'll be mostly to talk about McDonald's.

If you asked me for advice, this is the conversation that we'd have...

How Strong is Your Trademark?

A trademark is a trademark is a trademark.  Right?

Actually, no.

Everyone loves the day
when they can start using the
registered trademark symbol after
their newly registered mark.

Some trademarks are better than others.  Ok, well, not better... But certainly stronger and easier to register and defend....

There are five classifications of marks (four of which can be registered with the USPTO). (Actually, Famous marks are given extra protection, but let's assume that if you're starting out, you don't have one of those.)

They are (in order of strength):