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This update aims to provide you with a practical overview of the most relevant changes resulting from the General Data Protection Regulation (GDPR), applicable as from 25 May 2018. This month’s issue discusses the requirements relating to consent and transparency.
On 5 July 2015, the General Court of the European Union rendered its judgment in Case T-518/13, ruling that the repute of McDonald’s trade marks makes it possible to prevent the registration, for foods or beverages, of trade marks combining the prefix ‘Mac’ or ‘Mc’ with the name of a foodstuff or beverage.
In 2008, a Singaporean company applied for registration of the EU trade mark “MACCOFFEE” for foodstuffs and beverages. In 2010, the European Union Intellectual Property Office (EUIPO, formerly OHIM), granted that trademark.
On 13 August 2010, the McDonald’s Corporation started proceedings to have the trade mark declared invalid on the basis of its earlier EU trade mark “McDONALD’S” as well as 12 other trade marks which included the word elements ‘Mc’ or ‘Mac’ as prefixes, such as BIG MAC, McFlurry, Mc Muffin, etc.
In April 2012, the Cancellation Division of EUIPO ruled in favour of the McDonald’s Corporation, declaring that the MACCOFFEE trade mark was taking unfair advantage of the reputation of the McDONALD’S trade mark. The Singaporean company filed an appeal against the decision of the Cancellation Division. However, the Board of Appeal of EUIPO dismissed that appeal in its entirety, concurring, in essence, with the Cancellation Division’s argument that the MACCOFFEE trademark was taking unfair advantage of the...