Coffee Cartel applied to register the trade mark ‘McSlider’ in relation to meat products in Class 29 and was opposed by McDonald’s Asia Pacific under section 60 - that due to McDonald’s prior reputation in respect of ‘Mc-‘ prefixed trade marks, confusion or deception amongst consumers was likely.
McDonald’s led evidence of its vast reputation in respect of ‘Mc-‘ prefixed trade marks and that the term ‘slider’ refers to a type of hamburger (the main good offered by the McDonald’s chain of restaurants).
The Hearing Officer found that ‘it is inevitable that the public would, because of the reputation of the Opponent’s Mc[Food] trade marks, its pre-existing hamburger business and its well-known habit of making further ‘McCoinages’, immediately associate the coinage ‘McSlider’ with the Opponent and that this association would be likely to give rise to confusion’.
The application was refused.
To view the Office decision, click here.
This article is an extract from Spruson & Ferguson’s monthly summary of Australian Trade Mark Office decisions. You can view the entire month’s summary _blank">here.
Principal / Solicitor / Trade Mark Attorney
Litigation Team, Trade Marks Team
Associate / Trade Mark Attorney
Trade Marks Team