Supermac's in trademark battle with McDonald's as it plans to expand into Europe and Australia

McDonald’s has claimed that fast-food rival Supermac’s has failed to submit any convincing arguments that the two brands would not cause confusion amongst the public in the EU.

In the latest round of the overseas David and Goliath brand war, the US giant said a different legal and factual basis existing in 1978, when Supermac’s opened for business, does not entitle Supermac’s to expand to other countries in the EU, outside the Republic and the North.

In a 10-page document and attachments lodged with the EU Office for Harmonization in the Internal Market (OHIM), McDonald’s say Pat McDonagh of Supermac’s does not address the argument that the element of ‘Mac’ and ‘Supermac’s’ relates to the famous McDonald’s prefix ‘Mc’.

Yesterday, in response, Mr McDonagh said: “I remain highly optimistic and confident that we will prevail.”

He said: “I don’t believe that there can be any confusion between ourselves and McDonald’s.”

McDonald’s opposition to the Supermac’s brand has put on hold the Galway firm’s expansion plans in Australia and the EU.

Last June, Mr McDonagh personally delivered the firm’s rejection of McDonald’s initial grounds of objection at the office of the OHIM, in Alicante, Spain.

In its response document last June, Mr McDonagh put forward Supermac’s famous curry chips and snack box products as to why it should win its trademark battle with McDonald’s.

It said Supermac’s lead products, snack boxes and curry chips, “are themselves distinctive brand leaders”.

Mr McDonagh has said the firm has had 25 to 30 requests from parties in 15 different cities across the world looking to open Supermac’s.

The firm can only proceed with the planned business expansion if it wins the trade mark battle.

In its initial objection, McDonald’s said the Irish firm using the name Supermac’s in the EU would “take unfair advantage of the distinctive character and repute of” McDonald’s trade marks.

The US giant bases part of its objection on trademarks it has already secured for its Big Mac, Chicken McNuggets, McMuffin, McFlurry, and McFish products.

A spokeswoman for the OHIM said yesterday that a decision will be made in the case in early 2016.