McDonalds Corporation v Sheli Lubowski

McDonalds Corporation (the opponent) opposed the registration of trade mark application no 897074 by Sheli Lubowski (the applicant). The opposition was heard by Deirdre O'Brien, Senior Examiner, Trade Marks Hearings.

The legal issues before the Senior Examiner were whether the applicant had grounds to oppose the registration of the trade mark under sections 44 and 60 of the relevant legislation. These sections typically relate to prior use or registration of similar marks and the applicant's intention to use the mark.

The Senior Examiner found that the applicant's actions, including negotiations with other traders and a willingness to defend litigation and consider settlement, were consistent with a bona fide intention to use the trade mark. This reasoning distinguished the present case from *Phillip Morris Products SA v Sean Ngu*, where the applicant failed to provide evidence of their claimed preparations. Consequently, the Senior Examiner found that the grounds of opposition under sections 44 and 60 were made out.

The Senior Examiner refused to register trade mark application no 897074 and awarded costs to the opponent as the successful party.