ARTICLE · 12 NOVEMBER 2019

Cancelled Or Partially Cancelled Trade Marks – Some Take Aways

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The European Union's Trade Mark office (EUIPO) has this year cancelled McDonald's European Union Trade Mark registrations for BIG MAC

European UnionIntellectual Property

Donvay Wegierski

The European Union’s Trade Mark office (EUIPO) has this year cancelled McDonald’s European Union Trade Mark registrations for BIG MAC and partially cancelled the trade mark MC in the EU as a consequence of non-use applications filed by Irish fast food chain Supermac.

The general principle is that if a trade mark is not used for a certain period, a trade mark can be vulnerable to cancellation for non-use. It is necessary for an interested third party to formally file cancellation proceedings on the grounds of non-use and it is then left up to the trade mark owner to shift that onus by providing evidence that the mark has in fact been used.

Brand owners are reminded of some of the implications:

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