![]() ![]() ![]() That was an EU tradmark registration for: The trademark that was revoked is EU Trademark registration number 000062638. They didn’t bring enough or sufficient evidence to prove use in respect of ‘sandwiches’ (burgers).They actually haven’t been using it for the other goods/services and.The issue for McDonald’s is sort of twofold: It is also a defence to trademark opposition proceedings and infringement proceedings (where you are entitled to seek use of the mark from the party with the earlier trademark who is opposing your trademark). The law across Europe (and most trademark regimes globally) provides that if you don’t use your trademark for the goods and services for which it has been registered, then anybody can apply to cancel/revoke that trademark on the basis of non-use. McDonald’s didn’t show they had used it in the last 5 years, so they lost it”. “If you don’t use a trademark, you can lose a trademark. The Big Mac Decision in a SentenceĪs my colleague Blathnaid Evans succinctly put it, “ Brian can you explain this to me in a sentence?“. That’s because McDonald’s has a nearly identical trademark in the EU for ‘Big Mac’ which was registered last year, and which still stands, and hasn’t even been challenged yet. This is the Mighty Ducks of the Fast Food World.Īs I posted yesterday, as things stand this decision changes nothing. As the internet goes into full on meltdown about a decision of the EUIPO, Irish national pride is on display in a way not seen by this trademark nerd since Italia ’90. ![]()
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