McPatel takes McDonald’s to court over ‘Mc’ prefix trademark dispute

The case, filed in the Ahmedabad rural court under Section 142 of the Trademarks Act, seeks to prevent McDonald’s from objecting to McPatel’s use of the prefix, which the local company argues is a cultural nod to the Patel community, meaning “son of Patel” 

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New Delhi: Ahmedabad-based McPatel Foods has filed a lawsuit against global fast-food giant McDonald’s Corporation, challenging what it calls “groundless threats” over the use of the prefix “Mc” in its brand name. 

The case, filed in the Ahmedabad rural court under Section 142 of the Trademarks Act, seeks to prevent McDonald’s from objecting to McPatel’s use of the prefix, which the local company argues is a cultural nod to the Patel community, meaning “son of Patel.” 

McPatel Foods, known for its French fries brand “Ohh! Potato,” received a legal notice from McDonald’s, which claimed that the “Mc” prefix infringes on its globally recognised brand identity, synonymous with products like McNuggets and McFlurry. McDonald’s demanded that McPatel cease using the prefix or face legal action. 

In response, McPatel’s legal team, led by senior counsel H.S. Tolia, argues that “Mc” is a generic term with deep linguistic roots, meaning “son of” in various cultural contexts, and is not exclusive to McDonald’s. “The name McPatel honours the Patel community, a significant cultural group in Gujarat and beyond. It’s not an attempt to mimic McDonald’s,” Tolia told The Times of India.

The dispute follows failed mediation attempts in the Delhi High Court, a mandatory step before commercial lawsuits. McDonald’s remained firm during talks, insisting that McPatel abandon the prefix, prompting the Ahmedabad company to take the offensive by filing the suit. The court has issued a notice to McDonald’s, with the next hearing scheduled for July 28, 2025.

McDonald’s has a history of aggressively defending its “Mc” prefix globally, with mixed results. In 2019, the European Union Intellectual Property Office (EUIPO) ruled against McDonald’s in a dispute with Irish chain Supermac’s, finding that the company had not proven genuine use of “Mc” as a standalone trademark for certain products. 

Similarly, in 2009, a Malaysian court allowed a local restaurant, McCurry, to use the prefix, noting its distinct menu and cultural context. However, McDonald’s has successfully blocked names like “McBagel” and “McPretzel” in other cases, citing consumer confusion.

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