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The
case underscores the battle between brand names and so-called
free-riders who might benefit from the marketing spent on brands
without bearing the same costs.
The ruling by the Luxembourg-based General Court came after
Singapore firm Future Enterprises challenged the European Union
Intellectual Property Office's rejection of its application to
register 'MACCOFFEE' as an EU trade mark for foodstuffs and
beverages.
The U.S. fastfood chain said the Singapore company's claim
should be blocked as the patent office had previously granted it
exclusivity to the McDONALD's name and 12 other trademarks which
included the elements 'Mc' or 'Mac' as prefixes.
The General Court backed the patent office's decision.
"The repute of McDonald's trade marks makes it possible to
prevent the registration, for foods or beverages, of trade marks
combining the prefix 'Mac' or 'Mc' with the name of a foodstuff
or beverage," judges said.
"Indeed, it is highly probable that MACCOFFEE rides on the coat
tails of McDonald's in order to benefit from its power of
attraction, its reputation and its prestige, and exploits,
without paying any financial compensation, the marketing effort
made by McDonald's in order to create and maintain its image,"
they said.
The verdict can be appealed at the EU Court of Justice, Europe's
highest. The case is T-518/13 Future Enterprises v EUIPO.
(Reporting by Foo Yun Chee; Editing by Greg Mahlich)
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