Marks & Clerk
Europen Patent Attorneys
Chartered Patent Attorneys
Registered Trade Marks Agents
Patents, Designs and Trade Marks

Alpha Tower
Suffolk Street
B1 1TT

The Proprietor
64 Aylesbury Street
Milton Keynes
Our Ref: J0073621MI

Your Ref:

Date: 9th Septmeber, 1996

Telephone: 0121 - 643 - 5881

Facsimile: 0121 - 606 - 4766


Dear sir,

re: McMunchies

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.

Yours faithfully

(Julie Kay).



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