Monday, 12 January 2009

MAC POLLO safe from risk of confusion

A decision of the Colombian Trademark Office last September allowed the registration of the MAC POLLO word and figurative mark for products in Class 29, in the face of an opposition by McDonald’s Corporation based on its previously registered trade marks. The opposition was based on the opponent's earlier MCDONALD’S, RONALD MACDONALD and MCRIB word marks, and on the word and figurative mark MCDONALD’S.

According to the Office the MAC POLLO mark was not strongly similar to any of the McDonald’s marks to the extent that could lead to consumer confusion.  Although all the compared marks contained the prefixes MAC- or MC-, those prefixes were used in various Scottish surnames, for which reason they were very well known by the consuming public. The POLLO element of the applicant's mark, together with the various elements of the McDonald's marks that were not found in the applicant's mark, removed the likelihood of confusion.

Source: Luz Helena Adarve (Cárdenas & Cárdenas Abogados, Bogotá), writing in the INTA Bulletin, Vol. 64, No. 1, 1 January 2009

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