KUALA LUMPUR: US fast food giant McDonald's, which has waged an eight-year legal battle with local restaurant McCurry, will Monday petition Malaysia's highest court in its campaign to strip the eatery of the "Mc" prefix.

In April, a Malaysian appeals court overturned a 2006 high court decision that McCurry -- whose menu features local delicacies such as fish head curry -- had illegally infringed on the burger chain's trademark.

"They (McDonald's) have said that we are passing off as McDonald's. But the food we serve is different," McCurry owner Kanages Suppiah told AFP on Sunday.

On Monday, the federal court will decide if McDonald's can contest the appeals court decision.

Kanages said the family-owned business is hoping the April decision in its favour will be upheld so that they can so they can go ahead with plans to open other branches.

"I am keeping my fingers crossed. I hope we will win. We have only one shop. Because of this (legal) problem we have been unable to expand," she said.

The McCurry restaurant, which owners say is short for Malaysian Chicken Curry Restaurant, was established in 1999. McDonald's has 185 outlets in the country.