McDonald's oppose tricky "W" mark


  McDonald's brought the China Trademark Trial and Appeal Board (TRAB) to court, holding that the "W" trademark with red background and yellow characters, which was applied by "WONDERFUL" and approved by TRAB, infringed its own trademark. On December 8, the reporter was informed that Beijing Intermediate People’s Court made the decision to support TTAB in this case.

  In November 2001, Beijing Piaoyang Culture and Arts Co., Ltd. with Han Yihe as its legal representative started to use its registered trademark for "WONDERFUL" and the "W" logo in restaurants and related services.

  McDonald's then submitted Trademark Opposition Letter to the Trademark Office. McDonald's held that the "W" logo is similar to its "golden arches" logo ("M" mark) and may result in consumer confusion. McDonald's request the Trademark Office revoke "W" trademark. After its trademark opposition was rejected, McDonald's proposed reconsideration application to Trademark Review and Adjudication Board. TRAB then revoked the registration of "W" trademark in restaurants, cafes, hotels, bars and other related items but maintained its registration on other items.

  McDonald's refused to accept the decision and brought TRAB to court. The court held that the specified use of "W" trademark in non-trade business and consulting services is quite different from the approved use of “M” mark in restaurant and related services. Therefore, the court supported the decision of TRAB.

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