Supermac’s seeks time in trademark action

Supermac’s boss, Pat McDonagh has sought extra time in his battle with McDonald’s over using the Supermac’s name across the EU.

Mr McDonagh was due to file his detailed response by next Tuesday to McDonald’s 41-page objection to the Supermac’s name being used in the UK and continental Europe, in the international trademark war between the two fast food firms.

In response to the request — made by Cruickshank Intellectual Property Attorneys, on behalf of Supermac’s —for more time, the EU Commission’s Office for Harmonisation in the Internal Market has extended the time for its submission to June 28 next.

However, the office has warned Supermac’s that “a subsequent request for an extension of the same time limit will be refused unless there are exceptional circumstances which justify this further extension”.

The office stated that “the exceptional circumstances will have to be duly explained and justified”.

In an interview yesterday, Mr McDonagh said that his firm has sought the extension as it is currently gathering information to rebut the claims made by McDonald’s under the various headings of logo and colours.

Mr McDonagh said he is “very optimistic” his firm will prevail in the case.

He added: “There has been no confusion in Ireland, over the past 35 years, between the two brands, so I can’t see how there can be any confusion elsewhere.”

He said that he has had no communication with McDonald’s since the fast food giant hit Supermac’s in February with its lengthy objection against its plans to use its name in Europe.

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.

Seeking to protect its Europe-wide business from Supermac’s, McDonald’s stated that the Irish firm using the name Supermac’s in the EU would “take unfair advantage of the distinctive character and repute of” McDonald’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” products and claims that application to register “Supermac’s” is likely to create confusion in relation to McDonald’s trademark products.

McDonald’s argues there is visual similarity between the two trademarks as they share the phonetically, visually and conceptually identical element of ‘Mc/Mac’ and the ’s’ is common to both.

Mr McDonagh confirmed that Supermac’s will make its formal response to the McDonald’s objection in the next number of weeks. 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”.