Here's a link to find German Trademarks:
https://dpinfo.dpma.de/protect/mar_e.html
If you run a search on McFit, you'll see that there are a total of 8 McFit Trademarks:
30616617.8 22.09.2006 McFit
30616615.1 22.09.2006 McFit Trainings-Logbuch
30616614.3 22.09.2006 McFit i Terminal
30616613.5 22.09.2006 McFit i Terminal
30616612.7 22.09.2006 McFit Muskelnavigator
30616610.0 22.09.2006 McFit Channel
39865191.4 12.08.1999 DIE FITNESSHALLE FÜR ALLE McFit
39701104.0 30.08.1997 McFit
Considering that the oldest McFit Trademark is from 1997, McDonald's isn't likely going to be able to win a despute. By not stopping them in 1997, they have passively given them permission to use the name.
In the USA, there is also a McFit ServiceMark. The serial number is: Serial Number: 77020401. It was filed in October 13, 2006 and can be found using the link to the US trademarks posted earlier in this thread. Of course, that doesn't mean anything. McCoffee of San Fransisco was in operation for 17 years before McGreedy squashed them. What is interesting is that McCoffee was owned by a McPeople, namely: McCaughey.
What is even more amazing about McFit is that McDonald's previously held a Trademark for the name in 1993 but ABANDONED it. There is also a Trademark on record for 2004 (owned by McDonald's) but it is listed as Dead and Canceled. How is it possible for McFit to use a name that McDonald's owned?
McFit in Germany (which has 68 Locations) has held their Trademark undisputed for 9 years even though McDonald's had the same name Trademarked in the USA back in 1993. By not stopping them, they are giving there approval to the name.
When reading about the McSleep case, I found this line:
"[26] TRADE REGULATION 339 382 339
If use of a particular mark brings another company to mind, but without confusion that the other company is behind the product or service, there is no trademark violation." Because I may have taken it out of context, I include the link:
http://hyper.vcsun.org/HyperNews/djordan/get/law10sp20chp9iplaw/169.html
In the case of McPeople, there are so many ways to use the name that does not create confusion between that project and McDonald's. I can think of several dozen.
Nevertheless, in Wikipedia, there is a list of McDonald's legal cases against people using Mc. Here's the link:
http://en.wikipedia.org/wiki/McDonald's_legal_cases
What's very scarry is that in almost all the cases, McDonalds has won, except one. That at first is impressive, however, in the two cases in the UK, McDonald's lost the more recent case. Could times have changed?
That case was against McChina Wok Away (UK) (2001) in which the court ruled that McDonald's had no right to the prefix Mc.
"But that all changed Nov. 27 when London High Court Judge David Neuberger ruled the name was neither confusing nor deceptive to customers. According to the Associated Press, the judge stated that while McDonald's held the rights to a number of "Mac" and "Mc" type names, the company was "virtually seeking to monopolize all names and words with prefix Mc or Mac, at least in relation to food or restaurant services."
Judge Neuberger, adding insult to injury, said McDonald's had titled several of its menu items, such as Chicken McNugget Shanghai, Oriental McRib and McFortune Cookie, with an Oriental flavor."
That can be found at:
http://www.findarticles.com/p/articles/mi_m3190/is_50_35/ai_80748716
There's no doubt that McDonald's aggressively protects itself. They have the money to do it. Might makes right.
Thee shall win who haveth the most expensive lawyer. Yet, could it be that McDonald's industrial McPower is stronger in the USA. It would appear that in Europe (McFit and McChina for example) it is possible to use what in reality does not belong to the McCorporation McDonald's, namely the prefix Mac and Mc. It should also be noted that many Europeans dislike what they consider the mcdonaldization (meaning americanization) of their culture.
Quite frankly, the mere idea that McDonald's is trying to McBully the entire McPlanet into saying all things "Mc" belongs to them is purely absurd. The name is older than McAmerica is. My McGod, isn't that a little McArrogant!! As one McPerson wrote, this is..."cultural imperialism on a massive scale."