Supermac’s triumphs again in trade mark dispute

Last year Irish fast-food chain Supermac’s stripped McDonalds’ EU ‘Big Mac’ trade mark in a landmark decision. This week, Supermac’s prevailed yet again in a trade mark dispute concerning a London cocktail bar.

R7 Restaurants Limited who are the owners of the London cocktail bar ‘Supermax’, filed a UK trade mark application with the United Kingdom Intellectual Property Office (UKIPO) in February 2019. The application, which was filed under class 43 (restaurant and bar services), has since been opposed by Supermac’s (Holdings) Limited who have cited their two pending EU trade mark applications.

R7 Restaurants argued that consumers were unlikely to confuse a London cocktail bar with an Irish fast-food chain. The IPO however confirmed that the ‘Supermax’ name was in fact highly likely to cause direct confusion with the Irish fast-food chain ‘Supermac’s’ as both marks covered the same goods and services.

The UKIPO’s decision will go only forth once the two pending EU Supermac’s marks are successfully registered. R7 Restaurants are in a position to appeal the decision.

If you have any questions relating to this article or need assistance with trade mark matters, contact Lawdit Solicitors today where we would be happy to assist you.

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