Mcdonald’s Lovin’ it in EU

A Luxembourg based General Court has upheld a 2013 verdict by the European Union Intellectual Property Office, in favor of McDonald’s Corp.

A Singapore based firm, Future Enterprises had registered the trademark “MACCOFFEE” in 2010 with the European Union Intellectual Property Office, which was challenged by the fast food corporation, on the basis of it deceptive similarity with its “main” EU trademark and 12 other Trademark the McDonald’s uses in the jurisdiction.

Future Enterprise contended that their product “are not simple ingredients serving as the basis for dishes served in fast food restaurants, but correspond to goods offered… on the menu” of fast food chains.

The court ruled that ““MACCOFFEE” trademark takes unfair advantage of the repute of McDonald’s Trademarks”. The court said that it was probable that the public would link the two trademarks and the image of McDonald’s could possibly be connected to the goods covered by “MACCOFFEE”. The court in expressing its views said in a statement that, “The repute of McDonald’s Trademark makes it impossible to permit registration for food or beverages of Trademark “Mc” or “Mac” with the name of food stuff.”

“MACCOFFE” is still no prevented from selling its products under this trademark in many EU cities, though McDonald has expressed its intentions in doing so after this judgement as they have successfully taken off the trademarks off the register.

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