McDonald’s was successful earlier this year in opposing Supermac’s plan with the European Commission.
In a 24-page ruling, the Office of Harmonisation for the Internal Market (OHIM) at the Commission agreed with McDonald’s that Supermac’s application for a trademark was likely to cause confusion amongst the public over the two different fast food brands and their fast food products.
Supermac’s appealed the refusal but then withdrew the appeal and instead lodged a fresh application in May of this year with the OIHM. Supermac’s lodged the revised application after boss Pat McDonagh stated that the firm learnt a lot from the European decision and adjusted their application accordingly.
Any party wishing to object to the new trademark application had until next Wednesday, August 31, to make a submission, and McDonald’s has registered its opposition to the Supermac’s brand being used to sell its fast food.
In papers lodged with the OIHM at Allicante, Spain, McDonald’s has confirmed it is basing its opposition to the Supermac’s brand as “there exists a likelihood of confusion on the part of the public” between the two brands.
A spokesman for the OIHM said yesterday there will be a two-month cooling off period after August 31 and if the two parties can’t agree, McDonald’s then has two more months to state its opposition to the trademark.
Supermac’s will then have two months to respond to the points made by McDonald’s and then the OIHM will then makes its decision. MacDonald’s has successfully blocked Supermac’s from operating in Australis and the EU since mid-2014.