UKIPO clears Supermac's name for UK registration

The UK Intellectual Property Office has ruled that Irish fast-food chain Supermac's can register its name and logo as trade marks in Britain. McDonald's had opposed the applications, claiming a likelihood of confusion with its own marks including Big Mac and McCafé. The hearing officer found significant visual, aural and conceptual differences between the signs, sufficient to avoid direct confusion or any link in the mind of the average consumer. Although McDonald's reputation and goodwill were acknowledged, these did not extend to barring the Supermac's marks. The decision, issued in early August, paves the way for the Galway-based chain to expand into the UK market. It contrasts with a recent EUIPO ruling that prevented registration across the European Union on similar grounds. Supermac's founder Pat McDonagh described the outcome as a significant victory for smaller businesses defending their identity.

Small businesses facing large-scale oppositions should obtain specialist advice on distinctiveness and consumer perception evidence early in the filing process.