Mcdonald’s trademark dispute over the McFungi mark
McDonald’s is nearly every person’s most recognizable fast food brand in the entire world, in line with KFC, Jollibee, Burger King, etc. However, with the brand getting more and more famous, conflicts with other brands are inevitable. In recent years, Mcdonald’s has entered into a trademark dispute over the McFungi mark.
As a matter of fact, McFungi is not even in the fast food or even food industry. It is actually a clothing store that sells clothes, accessories, etc.
McFungi is the one that starts the legal fight on September 20th, 2020.
Well, not technically as that time was when McFungi applied for trademark registration for the ‘McFungi’ design based on intent to use. The application is filed in relation to apparel and games with the serial number 90194703.
According to the data on the USPTO, the mark consists of mcfungi with the “mcfung” portion in black with the letter “i” in a shape of a white and black mushroom.
The company already had a large line of clothing featuring the design available on its website in August 2021. Their registration process, however, was hampered on August 27, 2021, as McDonald’s filed a trademark opposition against the application on that date.
The megacorporation claims in its filing that registering the design, which prominently features “Mc” along with a mushroom representing the I in McFungi, would lead to consumer confusion. Dilution would also transpire as a result of tarnishment and blurring, according to McDonald’s.
Fighting over the “Mc” elements
This is not the first time McDonald’s entered into a trademark dispute over the “Mc” prefix – its signature element in the super-fast food chains.
In its notice of opposition, McDonald’s has listed its previous triumphs in trademark conflicts (Trademark Trial and Appeal Board (TTAB) and court cases), for example:
- McDonald’s Corp. v. McClain (TTAB 1995)
- McDonald’s Corp. v. McKinley (TTAB 1989)
- McDonald’s Corp. v. McSweet (TTAB 2014)
- McDonald’s Corp. v. McBagel’s (S.D.N.Y. 1986)
- J&J Snack Foods Corp. v. McDonald’s Corp. (Fed. Cir. 1991)
As the super restaurant chains had recently suffered from a loss in a trademark dispute in Europe for the mark “Big Mac” with fast food purveyor Supermac’s, this time, McDonald’s is determined to protect its signature prefix “Mc”.
At the moment, the status of the mark on the report of USPTO is LIVE APPLICATION Opposition Pending: “The pending trademark application has been examined by the Office and was published for opposition/An opposition after publication is pending at the Trademark Trial and Appeal Board.”
All and all, McDonald’s made a strong case to the TTAB about its rights, including judicial findings from the agency itself. If McFungi proceeds and no settlement is reached between the two brands, the case could last until 2023.
Even if this case is resolved by the TTAB, it may end up in federal court. At that point, monetary damages could enter into the picture.
***Other Articles***
– You could check Required documents of filing trademark in USA here.
– You could see What needs to be done after registering a trademark in US? here.
– You could visit here to see What is use in commerce of filing trademark in USA.
– You could also check here to see Procedure of Trademark in USA.
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