Supermac’s ‘surprised’ at McDonald’s opposition to CTM application
Irish fast food chain Supermac’s has said it is “surprised” that multinational company McDonald’s opposed its Community trademark (CTM) application for ‘Supermac’s’.
Supermac’s applied for the CTM at the Office for Harmonization in the Internal Market.
The application covers classes 29, 30 and 43, which include services such as the sale of food and drink.
Supermac’s filed the application in March 2014, but McDonald’s objected to it before the opposition period closed in July 2014. McDonalds’ opposed it on the grounds that consumers would be confused between the two brand names. The opposition is still pending.
But Pat McDonagh, managing director of Supermac’s, only recently published a statement on the issue.
Writing on the company’s website on Tuesday (February 10), he said: “I am surprised by the points submitted by McDonald’s in objection to our expansion into the EU. The strongest point they make is that there may be confusion between the Supermac’s name and their own name.
“Supermac’s and McDonald’s have grown and co-existed together within the family restaurant business in Ireland since 1978.
“As two very distinctive brands with immediately identifiable menus, and a clear difference in ingredients and taste, there has never been any confusion for our customers,” he added.
A spokesperson for McDonald’s told WIPR that it is looking to find a resolution with Supermac’s.
“McDonald’s considers its intellectual property to be among its most important assets and, as with most businesses, we must take appropriate steps to protect our rights.”
“We hope to reach a mutually acceptable resolution in this matter,” the spokesman added.
McDonald’s has strived to protect its association with the term ‘Mac’ before.
In July 2013, WIPR reported that Canadian businessman Tong Cheah failed to register a trademark in the country for ‘Macdimsum’ after McDonald’s opposed the application.
Cheah had tried to register the mark to protect Malaysian, Asian and Chinese food products. However, McDonald’s claimed the name would be widely associated with its products.
The Canadian Intellectual Property Office’s Trademarks Opposition Board rejected the application, ruling that McDonald’s “continuously create, use, advertise and promote” marks comprised of the prefix ‘MC’ followed by the name of a food product.”
After a failed appeal against the decision at Canada’s Federal Court, Cheah was forced to pay $6,000 in legal costs to McDonald’s.
