OHIM partially upholds McDonald’s opposition to Supermac’s CTM

The Office for Harmonization in the Internal Market (OHIM) has partially upheld an opposition by McDonald’s to a Community trademark (CTM) application by Ireland-based Supermac’s.

McDonald’s opposed the Irish fast food company’s application for ‘Supermac’s’ in 2014.

Although OHIM allowed the CTM to be registered it denied it in relation to class 29, covering meat, fish and poultry; class 30, which includes coffee and tea; and class 43, covering food and drink services.

The decision was handed down by OHIM’s Opposition Division on January 20.

In its opposition McDonald’s cited CTM registrations it owns for the terms ‘Big Mac’ and ‘McDonald’s’.

In its decision, OHIM said consumers may mistakenly believe that Supermac’s is a “new version or a brand variation of the earlier trademark, ‘Big Mac’”, and would assume that the respective goods and services come from the same company.

A spokesperson for McDonald's told WIPR: “We are pleased that OHIM has rejected the application in connection with those goods and services deemed to be similar or identical to those of McDonald’s."

Pat McDonagh, Supermac’s managing director, told the Irish Independent that it will contest OHIM’s decision.

"It is difficult to understand why OHIM would allow the brand name but not allow us to sell the food we sell. We are quite surprised,” he said.