• McDonald's persuades EU court to affirm cancellation of “MacCoffee” trademark registration. • Case may be expansion of concept of “family” of marks in dilution cases. By July 5 — The European Union Intellectual Property Office was correct in canceling a trademark registration for “MacCoffee” because it wrongly linked to McDonald's International Property Co.'
S trademarks, a court ruled July 5 (, E.C.R., No. T-518/13, 7/5/16 ). The General Court of the EU Court of Justice found that the “MacCoffee” trademark registered by Future Enterprises Pte. Improperly creates an association with McDonald's family of marks, which are based on adding the “Mc” prefix before the name of foods, even though the “Mac” prefix is not identical. Future is a Singapore-based company that makes instant coffee and teas, held by the publicly-traded Food Empire Holdings Ltd. Quantum resonance magnetic analyzer driver for mac. Future's “MacCoffee” trademark was registered as an EU Trade Mark, formerly known as a Community Trade Mark, for its instant coffee product. An EU Trade Mark has effect throughout the EU.
McDonald’s Corp. Won a legal case in the European Union’s second highest court, allowing the U.S. Fast food chain to prevent the registration of trademarks for food and beverages with the. McDonald's won a trademark dispute with a Singapore rival on Tuesday as Europe's second highest court backed its claim to have exclusive rights to the use of 'Mc' or 'Mac' in trademark names for. It said the use of the 'Mac' by Future Enterprises in its products would 'associate that trademark with the McDonald's 'Mc' family of trade marks and mentally establish a link between the trade.
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Peter Brownlow, head of trademarks at Bird & Bird in London, told Bloomberg BNA that the case appears to expand the concept of a family of marks as asserted in a dilution claim. The EUIPO, formerly known as the Office for the Harmonization of the Internal Market, granted Future's registration of the mark for three classes of goods related to products including coffee, tea and various foodstuffs. A few months after the registration, McDonald's moved to cancel it.
The EUIPO's cancellation division sided with McDonald's on the grounds that the MacCoffee mark would take unfair advantage of McDonald's long-standing reputation. The EUIPO's First Board of Appeal concurred, again noting the strength of McDonald's marks. The General Court affirmed the cancellation decision. It found that, though the EUIPO made a minor error in finding that the MacCoffee mark was visually similar to McDonald's marks, visual similarity was not required for McDonald's to prove its case under Article 8(5) of Regulation No. Overall, the marks have a certain degree of similarity—namely, phonetic and conceptual likenesses.
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