Organisation: McDonald's

McDonald’s v McSweet: TTAB upholds survey for dilution

In <I>McDonald’s Corp v McSweet LLC</I>, the TTAB has upheld McDonald's opposition against an application to register the mark MCSWEET for pickled gourmet vegetables, finding a likelihood of confusion and dilution by blurring. This case is interesting because of the analysis of the survey showing dilution.

15 October 2014

McDonald's invalidates registration of figurative MCAFE mark

The Board of Appeals of the Patent Office has held that the figurative mark MCAFE was invalid for “flour and preparations made from cereals, bread, pastry and confectionery; chocolate and chocolate products” in Class 30, “retail services of food products” in Class 35 and restaurant services in Class 43, finding that there was a likelihood of confusion with McDonald’s MCCAFE marks. However, the MCAFE mark is still valid for “retail services of alcoholic beverages and tobacco” in Class 35.

26 September 2014

Same statistics, different stories as top US law firm opposition filers revealed

Towergate Software has published data which reveals the US law firms most active in TTAB oppositions through 2013. The names are familiar but the resulting top ten lists based on the data build up a multi-layered picture of the oppositions landscape.

23 January 2014

MARIE CLAIRE application rejected on grounds of bad faith and passing off

In <i>Marie Claire Netherlands BV v Marie Claire SA</i>, the hearing officer has upheld an opposition by Marie Claire SA and Brandwell (Irl) Limited against the registration of the trademark MARIE CLAIRE. Among other things, the hearing officer found that seeking to register the mark specifically to prevent the opponents from doing so did not constitute a “legitimate commercial practice”.

04 September 2013

McDonald's successfully opposes MACDIMSUM application

In <i>Cheah v McDonald’s Corporation</i>, the Federal Court has upheld a decision of the Trademarks Opposition Board in which the latter had allowed McDonald’s opposition against the registration of the trademark MACDIMSUM for food and beverage goods. The decision is an example of the potential benefit of owning a family of trademarks.

02 September 2013

US brands flex muscles in China

Yesterday <i>WTR</i> reported on the efforts of Chinese brands to expand internationally, and calls for them to ensure they maximise their IP protection to counter the risk of trademark squatters. Today we turn the tables and gaze inward following the publication of research that identifies the most powerful foreign brands in China – with US companies dominating the list.

26 July 2013

GI mathematics – what is their true economic value for Europe and brand owners?

A recent study from the European Commission has attempted to measure the economic value of geographical indications (GIs). The findings suggest that GIs play an important role in the EU economy, with GI-protected products generating worldwide sales worth €54.3 billion in 2010. But can future research – such as OHIM’s upcoming ‘IP Impact’ study – do more to understand the whole picture when it comes to the value that GIs add?

25 March 2013

Decision shows perils of seeking reinstatement of opposition

In <i>MD Fast Food Limited v McDonald’s Corporation</i>, the commissioner has considered one of the trickiest issues in Israel trademark practice - whether an action can be taken by one of the parties after the time prescribed in the statute has expired. Following an opposition by McDonalds against an application for the mark MAC DAVID, the applicant had failed to file its counter-statement within the two-month period prescribed by the Trademarks Ordinance.

23 October 2012

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