Sunday 4 December 2016

Supermacs and McDonalds brand row to rumble into 2016

Gordon Deegan

Published 17/09/2015 | 02:30

Pat McDonagh inside the O'Connell Street branch of Supermacs
Pat McDonagh inside the O'Connell Street branch of Supermacs

The overseas David and Goliath brand war between Supermac's and McDonalds is set to rumble onto into next year.

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This follows the European Commission granting fast food giant, McDonalds a further two months in which to respond to Supermac's staunch defence of its brand and rejection of McDonald's grounds of objection to the use of the Supermac's brand in continental Europe and Australia.

Supermacs boss, Pat McDonagh personally delivered the firm's rejection of McDonald's grounds of objection last June at the EU Office for Harmonization in the Internal Market (OHIM) at Alicante in Spain.

McDonalds had until Tuesday of this week to respond to the points made by Mr McDonagh in his response document.

However, after a request from McDonalds, the European Commission has granted the US firm until mid-November to lodge its rebuttal submission.

The two month extension places Supermac's plans further on hold to expand in Australia and continental Europe following the original objection lodged by McDonalds in July of last year.

Mr McDonagh has previously described McDonald's objection as a delaying tactic in stopping the Irish firm's expansion plans into Australia and Europe.

McDonalds was given until last December to outline in detail the grounds of its objections and the fast food firm secured a two month extension to outline its objection to February of this year.

The process was also delayed by Supermac's who obtained its own two month extension in April to rebut the points made by McDonalds.

In its response document last June, Mr McDonagh put forward Supermac's famous curry chips and snack box products as to why it should win its trade-mark battle with McDonalds.

A 12 page submission points out that Supermac's two leading products "are themselves distinctive brand leaders" and not similar in content to any products offered by McDonalds to its customers.

In its objection, McDonald's state that the Irish firm using the name Supermac's in the EU would "take unfair advantage of the distinctive character and repute of" McDonalds's earlier won trademarks.

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