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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WEDNESDAY, 28 JANUARY 2009
Spain - "Mc" is not only for McDonald's.
Posted by: Ignacio Marques @ 18.29
Spain, Trade mark cancellations.,
The Spanish economic newspaper El Economista
reports a recent Judgment of the Spanish Supreme Court that considers that the prefix "Mc" lacks of distinctive character. According to the published news, McDonald's sought cancellation of the Spanish trade mark "McSalad" and device (red and black) for class 29 (vegetables and fruit salads). This trade mark belongs to the company Andros Food.
McDonald´s based its cancellation claim on its prior Spanish registrations in class 29 containing the prefix "Mc".
The Spanish Supreme Court upheld the judgment of the Court of Appeals of Madrid and considered that the coloured device in the challenged trade mark and the word "Salad" were sufficient to differentiate it from McDonald's prior registrations. The Court also found conclusive that there are a relevant number of Spanish trade marks in class 29 including the prefix "Mc" belonging to different owners having no relation with claimant McDonald's.
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