BIG MAC trademark is back. McDonald’s succeeded in recovering its European Union trademark. In 2019, the latter was cancelled by the European Union Intellectual Property Office (EUIPO) which found a lack of sufficient evidence to support its genuine use. On appeal, the EUIPO eventually deemed that the trademark was valid for most of the goods and services covered, including sandwiches and catering services (decision of the fourth Board of Appeal of December 14, 2022, Case No. R 543/2019-4).
A story that ends happily but which gave a big fright to the trademark owner.
Precautions can be taken to prevent cancellation of the trademark for non-use. In particular, it is strongly recommended to understand the local trademark use requirements and to store the proofs of use.
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