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Big Mac hit back for McDonalds on EUIPO invalidation

Written by Ellis Sweetenham on 21 March 2019

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Previously reported on the Reading Room, McDonalds had their EU trade mark for ‘Big Mac’ invalidated by the EU Intellectual Property Office following their opposition against Supermac.

After the initial ruling was reported, there was speculation as to how McDonalds was going to react to this.

These questions have now been answered, as McDonalds have filed an appeal against the EUIPO’s decision.

The issue in the first matter came down to whether they could show they had genuinely used their mark through the EU.

In the EU, a brand has a period of five years to prove genuine use before an invalidation claim can be filed.

While McDonalds filed a lot of evidence in the first instance, this was rejected.

For the appeal, it is likely they will be looking for file further evidence if they are allowed to do so. If the additional evidence is accepted, they are highly likely to succeed in their appeal.

Both sides seem to be confident on their success, with Supermac’s Director Patrick McDonagh highlighting the appeal as a ‘delaying tactic’ by McDonalds.

It will be interesting to see how this saga continues, as the initial ruling certainly bucked the trend set with massive brands previously.

Keep your eye on the reading room for more updates!

If you'd like to know more about this article please send an email to Ellis Sweetenham quoting the article title and any questions you might have, alternatively call the office number on 02380 235 979 or send an enquiry through our contact form.

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