The fast-food chain restaurant, McDonalds, was founded in 1940 by Richard and Maurice McDonald in California, United States. The McFungi brand is a lesser-known American apparel company, who use the word ‘McFungi’ in their clothes, accessories, and merchandise.
On August 27th of this year, McDonald’s filed a trademark opposition against McFungi’s trademark application, which possessed the original intent to be used within their brand’s games and apparel. McDonalds have based their trademark opposition filing on the high chance that McFungi’s trademark registration would create confusion between their customers despite McDonald’s being one of the most widely recognized fast-food chains on the planet.
Prior to McDonald’s opposition trademark filing, online-brand McFungi boasted a large range of clothing that featured the slogan ‘McFungi’ and were popular among dedicated fans, which could cause problems for McDonalds if McFungi were the first between the pair to use the ‘Mc’ letters.
However, in McDonald’s’ filing, they state that their main reasoning for submitting the opposition concerns the ‘Mc’ element of McFungi’s slogan, as that component is famed and familiar to most, if not all, meat-eaters in the world as that belonging to McDonald’s menu, featured in their ‘McChicken Burger’ and the ‘McFlurry’ ice creams.
According to section 3 of the Trade Marks Act of 1994, each trademark that is registered should have sufficient and distinctive qualities and should distinguish the goods and/or services that are intended to be used under the company from those of their competitors.
Following the submission of McDonald’s opposition filing against McFungi, McFungi have until October 5th, 2021, to file a response, with a fail to do so causing the likely forfeit of their trademark.
Keep an eye out on the Lawdit Reading Room to keep up to date as this trademark dispute unfolds in the future. If you have any questions or queries regarding the above information, or would like legal advice regarding registering a Trademark, or any other Intellectual Property, don’t hesitate to get in contact with the team at Lawdit Solicitors.