Title
Source: Supreme Court
McDonald's Corporation vs. Macjoy Fastfood Corporation
Case
G.R. No. 166115
Decision Date
Feb 2, 2007
MacJoy sought trademark registration for "MACJOY & DEVICE," opposed by McDonald's citing confusion with its "M" and "Mc/Mac" marks. SC ruled in favor of McDonald's, applying the dominancy test, finding similarity likely to confuse consumers.

Case Digest (G.R. No. 166115)
Expanded Legal Reasoning Model

Facts:

  • Application and opposition
    • On March 14, 1991, MacJoy Fastfood Corporation filed Application Serial No. 75274 for the trademark “MACJOY & DEVICE” covering fried chicken, burgers, fries, spaghetti, and other fast‐food products (Classes 29 and 30) with the Bureau of Patents, Trademarks and Technology Transfer (now the Intellectual Property Office, IPO).
    • McDonald’s Corporation filed a verified Notice of Opposition, asserting that “MACJOY & DEVICE” was confusingly similar to its family of marks—“McDonald’s,” the Golden Arches “M” logo, and various “Mc”/“Mac”‐prefixed marks—and would mislead the public and dilute its trademarks.
  • Proceedings and decisions
    • IPO Decision (Dec. 28, 1998) sustained McDonald’s opposition, finding confusing similarity based on the predominance of “M,” “Mc,” and “Mac,” and rejected the application; IPO Order (Jan. 14, 2000) denied reconsideration.
    • Court of Appeals (CA) Decision (July 29, 2004) in CA-G.R. SP No. 57247 reversed the IPO, holding the marks dissimilar in color, design, spelling, size, concept, and appearance; CA Resolution (Nov. 12, 2004) denied McDonald’s motion for reconsideration.
    • McDonald’s filed a petition for review under Rule 45 of the Rules of Court, challenging the CA’s reversal and the IPO’s findings.

Issues:

  • Did the CA err in ruling that respondent’s “MACJOY & DEVICE” mark is not confusingly similar to McDonald’s marks and in misapplying the dominancy test?
  • Did the CA err in concluding that the IPO’s decision and order were not based on substantial evidence?

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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