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Trademark use it or lose it -  no fries with that!

1/26/2022

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An unlikely trademark victory for the Irish burger chain Supermac’s over the global might of McDonald’s fast-food chain; or by numbers of restaurants 100 vs 39,000.

This interesting and valuable IP story is captured superbly by Raymond Hegarty in a brief video here: https://lnkd.in/e2bNkH5
 
McDonalds had successfully opposed Supermac’s trademark application in Europe when they were thinking of expanding overseas.
 
Not to be put off, Supermac’s challenged the validity of the Big Mac trademark claiming there was not sufficient evidence of use of the trademark in restaurants and burgers.
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This should have been easy for McDonalds but maybe they thought so too and did not try hard enough, anyway in Feb 2019 the EUIPO ruled that ruled that McDonald's had not proved genuine use of the trademarked term "Big Mac" as a burger or restaurant name. There was insufficient evidence submitted by McDonalds the EUIPO revoked the trademark!
 
Supermac’s then went one step further  and the EUIPO later revoked McDonald's automatic trademark rights to the use of the term "Mc" on a long list of food products, drinks and restaurant services within the EU.
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    Author: John Pryor Exalt IP



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