Marks & Clerk
Europen Patent Attorneys
Chartered Patent Attorneys
Registered Trade Marks Agents
Patents, Designs and Trade Marks
64 Aylesbury Street
Our Ref: J0073621MI
Date: 9th Septmeber, 1996
Telephone: 0121 - 643 - 5881
Facsimile: 0121 - 606 - 4766
We act for McDonald's Corporation, McDonald's International Property Company Limited and McDonald's Restaurants Limited which
companies are the regular users of various MC-prefixed trade marks which are prominently displayed on all of their restaurants
throughout the United Kingdom and indeed throughout the world. Mc-prefixed trade and service marks have been registered in the
United Kingdom and elsewhere in respect of restaurant services and a wide range of food items. Details of these registrations are
enclosed for your information.
In addition the GOLDEN ARCHES LOGO trade mark has been registered in the United Kingdom and elsewhere in respect of such goods
and services and we enclose details of these registrations as well.
It has been brought to our clients attention that you are using an M LOGO which they believe to be confusingly similar to the
GOLDEN ARCHES LOGO as well as the prefix Mc within the overall word mark McMunchies. This logo is prominently featured within
signs on the windows of your premises as well as upon price lists displayed within your premises.
In consequence it is felt that such usage is likely to confuse the public into believing that there is a connection between your premises
and the catering activities which you carry out and those of our clients or that your activities are in some way associated with or have
the approval of our clients when of course none of these circumstances are true.
In the circumstances it is considered that your use of the the said trademark constitutes an infringement of our clients' registrations of
their famous marks in contravention of Sections 9, 10 and 56 of the Trade Marks Act, 1994 and amount to an attempt to pass off your
goods and services as those of our clients.
Our clients therefore request that you cease in using the prefix Mc in conjunction with the word MUNCHIES so that there is no longer
any likelihood of your trade mark being confused with our clients' famous trade marks. Our clients trust that now that their concerns in
this matter have been drawn to your attention you will be prepared to co-operate by acceding to their request in respect of the trade
mark McMUNCHIES wherever it appears on your premises, on any menus or printed matter used inside the premises and on any
advertising and promotional material used elsewhere.
Our clients also require from you an undertaking to the effect that you have desisted from all use of the mark in the offending form
and that you will never resume any such use or similar use thereto in the future. You are also required to meet our clients' reasonable
costs in this matter.
Our clients view this matter very seriously and have instructed us to inform you that in the abscence of a co-operative response within
14 days of this letter, they will seek legal redress as they are advised is available to them to protect their rights.
MARKS & CLERK.
57 / 60 Lincoln's Inn Fields
83 - 85 Mosley Street
6 Market Street
Altheimer Eck 2
8000 Munchen 2
2 Explanade de Espana
30/F Chinachem Hollywood Centre
1 - 13 Hollywood Road