Remember McDonald’s Big Mac? Recently, a company registered the "Big Mac" tissue trademark. Can the registration be successful? Is it infringing the famous McDonald's Big Mac trademark?

In November 2017, a company applied for the "Big Mac" trademark to the National Trademark Office, specifying the trademark to be used in the 16th category of toilet paper towels, paper towels, paper tableware mats and other products. Years later, the trademark was successful in the preliminary examination and entered the announcement period for the preliminary examination. It was about to be successfully registered, but it never expected to be opposed by McDonald's.

McDonald’s believes that the “Big Mac” trademark applied by the company is similar to the company’s “Big Mac” hamburger trademark, which may easily lead to confusion among consumers. Based on this, it filed an objection with the Trademark Office and requested Cancel the company's trademark application for registration.

After receiving the objection review from the Trademark Office, the company also expressed its dissatisfaction. The word "Big Mac" itself has multiple meanings. For example, the original meaning is to describe "monsters", such as Transformers. There are robots inside, such as racing car names, etc. Is it possible that because of the popularity of McDonald's, the trademarks I applied for cannot be successfully applied for in other categories/services?

The company believes that McDonald's trademark is used in trademark class 16, "printed matter; packaging in paper or plastic bags", trademark class 29 "meat; pork", and class 30 "edible sandwiches; "Meat Sandwich", Class 32 "Non-alcoholic beverages; syrups and other preparations for beverages" and other products, and my company's trademark is a Class 16 trademark designated for use.

The goods used are significantly different in function, purpose, etc., and are not similar goods. Therefore, the trademarks of both parties do not constitute similar trademarks used on similar goods. Based on the above considerations, the company submitted a trademark objection defense to the court. It was not until March this year that the company finally received the decision to register the "Big Mac" trademark under the 16th category.

In summary, what should companies generally do when encountering objections? The first thing to check is whether the trademark constitutes a similar trademark, whether the trademark belongs to the same industry, whether the opponent of the trademark has malicious objections, and it is also necessary to actively collect evidence. The enterprise must complete the objection defense procedure and write defense documents. Only in this way can You get twice the result with half the effort, but the editor recommends leaving professional matters to professionals. The above is the entire content of Bajie Intellectual Property Network today.