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This is interesting from a TM point of view. TM law has certain limits and this is proof.
McDonalds now facing the reality that Mc is the prefix meaning 'son of' for Irish Family names. Other prefixes are Mac (Scotland), O' (Ireland), Ó (Ireland). For daughters it is 'Ni', 'Nic' and wives 'Beann Úi'.
Just as a matter of interest there is a suffix in Scandinavian languages "son" and "dottir". Svensson - Svens son. Ulfsdottir - Ulfs daughter.
So I think the time of just applying and getting a TM because you are a huge company is over. You will really have to go hard to prove that you have the right to it. I have Dronie and the Internet giant Twitter fought hard to get the rights to that name but they have been denied twice because the term selfie and dronie (selfie from a drone) were already popular terms which Twitter did not come up with. I always check the TM databases. I see hundreds reg'd but that have been rejected, abandoned, rescinded as well as expired. An interesting 'place' to spend time.
I also reject the assumption that a company gets a TM automatically through usage. Show me the paperwork. In a Swedish court of law you need that paperwork 'buddy' (American Idiom)! Now even an american judge demanded paperwork in a case. Can't find that link.
McDonald's loses second 'Mc' trademark case against Supermac's
Edited: This case of course refers to the use of mac. 'Mc Day' is coming too!!!
McDonalds now facing the reality that Mc is the prefix meaning 'son of' for Irish Family names. Other prefixes are Mac (Scotland), O' (Ireland), Ó (Ireland). For daughters it is 'Ni', 'Nic' and wives 'Beann Úi'.
Just as a matter of interest there is a suffix in Scandinavian languages "son" and "dottir". Svensson - Svens son. Ulfsdottir - Ulfs daughter.
So I think the time of just applying and getting a TM because you are a huge company is over. You will really have to go hard to prove that you have the right to it. I have Dronie and the Internet giant Twitter fought hard to get the rights to that name but they have been denied twice because the term selfie and dronie (selfie from a drone) were already popular terms which Twitter did not come up with. I always check the TM databases. I see hundreds reg'd but that have been rejected, abandoned, rescinded as well as expired. An interesting 'place' to spend time.
I also reject the assumption that a company gets a TM automatically through usage. Show me the paperwork. In a Swedish court of law you need that paperwork 'buddy' (American Idiom)! Now even an american judge demanded paperwork in a case. Can't find that link.
McDonald's loses second 'Mc' trademark case against Supermac's
Edited: This case of course refers to the use of mac. 'Mc Day' is coming too!!!
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