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ARTICLE · 08 FEBRUARY 2019

McDonalds loses Big Mac trademark fight in the EU

Holding Redlich
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McDonald's failed to show genuine use of "BIG MAC" in the European Union over five years as a burger or restaurant name.

AustraliaIntellectual Property
Dan Pearce
Dan Pearce
Louise Almeida
Louise Almeida
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This month, Irish fast food chain Supermac's successfully challenged McDonald's trademark rights.

The European Union Intellectual Property Office (EUIPO) revoked McDonald's "BIG MAC" trademark registration in Europe after McDonald's failed to show genuine use of "BIG MAC" in the EU over five years as a burger or restaurant name.

It was found that McDonald's evidence (including affidavits and print outs of its European websites, a Wikipedia entry and advertising) lacked significant probative value. In particular, the EUIPO noted that the affidavits were signed by McDonald's own representatives (which was less probative compared to third party evidence), and Wikipedia couldn't be depended on as a source (as pages could be edited by users).

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