Small fries, big fight: Why a Gujarat snack maker is suing McDonald’s

McPatel Foods Private Limited has filed a civil suit against McDonald’s Corporation before an Ahmedabad rural court, alleging that the global fast-food chain has issued groundless threats objecting to its use of the mark “McPatel.”

The case is listed for hearing on July 28, 2025.

The suit, filed under Section 142 of the Trade Marks Act, 1999, seeks an injunction restraining McDonald’s from initiating or threatening legal proceedings in connection with McPatel’s use of the “Mc” prefix in its corporate and product branding.

The Indian snack maker filed its application to register the mark “McPatel” under Class 30 in March 2024. The application covers products such as bakery goods, snacks, noodles, confectionery, sauces and frozen foods.

On August 27, 2024, McDonald’s filed an objection before the Indian Trade Marks Registry against this application. The opposition was filed through law firm SS Rana & Co.

In its notice of opposition, McDonald’s alleged:

• The “McPatel” mark is deceptively similar to its “Mc” and “Mac” family of trademarks, which include McDonald’s, McFries, McChicken, McVeggie, McCafe and others.

• The “Mc” prefix has acquired distinctiveness through long-standing and extensive use since the 1970s globally, and since 1996 in India.

• McDonald’s trademarks are registered in more than 100 countries and have been extensively enforced to protect against third-party use of “Mc”-formative marks.

• In “McPatel,” the terms “Patel” and “Foods” are either common surnames or descriptive, making “Mc” the dominant and source-identifying element.

• The adoption of the mark “McPatel” is alleged to be in bad faith, intended to benefit from McDonald’s goodwill.

• The mark is likely to cause confusion and deception and would dilute the distinctive character and reputation of McDonald’s trademarks.

The opposition includes references to global advertising campaigns, celebrity endorsements, store presence, colour scheme and enforcement history. McDonald’s argues that registration of “McPatel” would contravene Sections 9(2)(a), 11(1)(a)-(b), 11(2), and 11(3) of the Trade Marks Act, 1999.

In its counter statement filed on October 29, 2024, McPatel Foods denied all grounds of opposition and asserted that:

• The mark “McPatel” was adopted from its registered corporate name and trading style, and has no intention to misrepresent or benefit from any association with McDonald’s.

• The company is a legally incorporated Indian entity and a registered MSME operating in the processed food sector, particularly in frozen french fries.

• The mark is visually, phonetically and conceptually different from the cited McDonald’s trademarks.

• The prefix “Mc” in “McPatel” does not function independently or dominate the mark; instead, the name should be assessed in its entirety.

• The Registrar found no conflicting marks at the examination stage, and the application was accepted and advertised.

• There is no evidence of actual confusion or consumer deception.

• The opposition is motivated by “business jealousy” and is filed in bad faith to harass a domestic company.

McPatel also contends that the prefix “Mc” is a common linguistic construct and does not enjoy exclusivity beyond its registered marks. It argues that McDonald’s cannot claim monopoly over “Mc” across all combinations or industries.

As of today, the trademark registry has not finally decided on the dispute. It is expected to be delayed further owing to the pendency of the litigation.