McDonalds refused leave to appeal by Supreme Court of Appeal

In an order dated 28 January 2008, the Supreme Court of Appeal of South Africa has dismissed (with costs) an application by McDonalds International Property Co. Limited for leave to appeal against a decision of the Full Bench of the Transvaal Provincial Division of the High Court upholding an earlier decision of the Registrar of Trade Marks refusing cancellation of the McBiscuit trade mark registration on the basis of several registrations for Mc and Mac trade marks.

No reasons for the SCA’s refusal were given. Dean Gianni’s McBiscuit trade mark registration for biscuits will remain on the Trade Marks Register.

The earlier TPD McBiscuit decision is reported on the A&A website below.

Chris Job
Partner
ckj@adamsadams.co.za
29 January 2008