The General Court of the European Union has ruled against the Future Enterprise’s motion, declaring that it is not possible to register new trademark for goods such as foods and beverages containing the word elements “Mc” or “Mac”. McDonald’s trademarks’ notoriety allows to prevent others from registering new trademarks with “Mac” or “Mc” in it and used for a food product or beverage.
Thanks to the notoriety of its trademarks, McDonald’s was able to obtain the rejection of the trademark application “Maccoffee”, filed by Future Enterprises. The grounds of this decision were the similarity and the likelihood of confusion with the “Mc” trademarks’ group that combines the prefix “Mc” with the name of a food product.
In addition, the Court has found that the differences of the trademark’s goods and services did not sustain and it would not lead to a pacific coexistence