McDonaldâs International Property Company Ltd was unsuccessful in its opposition to the registration of the trade mark in classes 16, 25, 29, 30, 32, 35 and 43 in AJ Enterprises (Aust) Pty Ltd v McDonaldâs International Property Company Ltd [2009] NZIPOTM 12.
McDonaldâs sought to rely on the reputation of its âGolden Arches Logoâ and a number of prior registrations consisting of or containing this logo. It argued that the single arch in the opposed mark was a âstriking common elementâ to its Golden Arches. Further, there was evidence that in Australia, the applicant had adopted the same corporate colouring as McDonaldâs.
In rejecting McDonaldâs claims, the Assistant Commissioner also stated âI consider the Golden Arches mark is so central to the McDonaldâs brand that it would only ever be associated with McDonaldsâ. In contrast, the applicantâs mark was considered unlikely to be perceived as part of the McDonaldâs family of trade marks. Thus, it was unlikely that any consumer would assume a connection in trade between the marks.