Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.
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FRIDAY, 21 DECEMBER 2007
Poland: No exclusive rights to MC
McDonald's will not be allowed to "monopolize" the Mc-prefix. The Provincial Administrative Court in Warsaw rejected McDonald’s Corporation complaint against the Polish Patent Office's decision and ruled that a Singapore company was allowed to register MacCoffee mark for coffe products (case act signature VI SA/Wa 1100/07).
Posted by: Tomasz Rychlicki @ 11.57
Poland, Polish courts, Polish law, Polish Patent Office, Trade marks, US courts,
This judgment should make all trade mark practitioners aware of differences between legal systems. Especially when this Polish case is compared to holding in the case Quality Inns Int'l v McDonald's Corp., 695 F. Supp. 198 (D. Md. 1988). The Court ruled that Quality International's use of the name "McSleep" infringed McDonald's family of marks that are characterized by the use of the prefix "Mc" combined with a generic word.
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