Page 133 - CL How to Read a Case Study

In January 2019, Supermac’s won the trademark case when

an EU court (European Union Intellectual Property Office),

revoked all rights for the words "Big Mac" as they relate to

goods or restaurants across the EU.

The judgment revoked McDonald's registration of the

trademark, saying that the world's largest fast-food chain

had not proven genuine use of the trademark over a

continuous five year period prior to the case being lodged in

2017. In effect the EU decided that the McDonald's claim

wasn't genuine because it was based on a product brand.

According to the ruling revoking the US food giant’s 1996

trademark registration, McDonald's failed to prove genuine
use of "Big Mac" as a burger or restaurant name in the five

years before 2017, when the case was filed.

"What the EU decided in a landmark decision was that unless

you use the trademark name then you're going to lose it," said

Supermac’s Managing Director, Pat McDonagh. (Ref 1)

McDonald's, submitted printouts of European websites as

evidence, as well as posters, packaging and affidavits from

company representatives attesting to Big Mac sales in
Europe.

The EUIPO said the affidavits from McDonald's needed to be

supported by other types of evidence, and that the websites
and other promotional materials did not provide that

support.