‘Mac’ name at heart of dispute

America’s fast food giant, McDonald’s has hit Supermac’s with a 41-page objection against its plans to use the Supermac’s name across the EU.

Upping the ante in the international trademark war between the two fast food companies, McDonald’s has lodged the comprehensive objection to the EU Office for Harmonisation in the Internal Market against Supermac’s (Holdings) Ltd’s application to register the ’Supermac’s’ trademark in the EU.

McDonald’s has also put on hold plans by the Galway- based firm to use the Supermac’s name in Australia by objecting to its trademark there.

In the David and Goliath struggle between the two fast food businesses, the McDonald’s objections, if successful, will stop Supermac’s planned expansion in the UK, the EU and Australia in its tracks.

Seeking to protect its European-wide business from Supermac’s, McDonald’s state that the Irish firm using the name Supermac’s in the EU would “take unfair advantage of the distinctive character and repute of” McDonalds’s earlier-won trademarks.

The US giant is basing part of its objection on the trademarks it has already secured for its ‘big mac’, ‘chicken mcNuggets’, ‘mcmuffin’, ‘mcflurry’ and ‘mcfish’ and claim that application to register ‘supermac’s’ is likely to create confusion in relation to McDonald’s trademark products.

The submission states that the possibility of the public believing that Supermac’s is a member of the McDonald’s trademark family “is even more likely since the goods and services of the respective parties are identical or at least highly similar”.

However, Supermac’s managing director, Pat McDonagh yesterday described McDonald’s objection as ‘spurious’.

He said: “I am optimistic that common sense will prevail and the objection will be seen for what it is.

“I am surprised that an objection has been lodged,” he said.

Mr McDonagh said that there is no ambiguity between the two brands in colour, design or font.

He said: “I was born with the name ‘Mac’ in my name. I can’t change that. ‘Mac’ is what I was known as when I was playing football in school.”

Mr McDonagh said the objection “is part and parcel of the game and is delaying the process”.

Mr McDonagh said that Supermac’s will make its formal response to the McDonald’s objection in the next few weeks.