McDonald’s CHICKEN BACON mark rejected
The Russian Patent Disputes Chamber has upheld the Patent and Trademark Office (PTO)’s decision to reject US company McDonald’s application to register the trademark CHICKEN BACON in Russia.
The fast food giant has been selling the 'Chicken Bacon' sandwich in Russia since 2011 - the same year the PTO first refused to register the mark, arguing that 'chicken' and 'bacon' are ordinary words that describe the ingredients of the 'Chicken Bacon' sandwich, and are thus ineligible for trademark protection.
McDonald’s appealed, claiming that the proposed trademark:
- is distinctive, as it is clearly associated with the company and its products; and
- is original and creative because the English word 'chicken' has no meaning in Russian, while the word 'bacon' actually means a salted meat product ('бекон' in Russian).
It is expected that McDonald’s will file an appeal with Russia’s Supreme Arbitration Court.
In 2004 McDonald’s application for the trademark MCCAFE in Russia was initially rejected, but the fast food chain eventually succeeded in obtaining a registration.
Jelena Jankovic, PETOŠEVIC, Belgrade
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