The decision of January 11, 2019 caused lots of media
attention. The EUIPO (European Union Intellectual Property Office)
granted the application for revocation by a competitor relating to
the EU trademark "BIG MAC" (Case no. 14 788 C). The
reason: McDonald's failed to sufficiently prove genuine use of
the trademark. While this is difficult for outsiders to understand,
it shows the strict requirements that the Office places on the type
and scope of proof of genuine use.
Upon expiry of five years after registration, an application for
revocation of a trademark on grounds of non-use may be filed with
the EUIPO by any third party. The evidence must cumulatively prove
the place, time, extent, and manner of use. McDonald's merely
submitted affidavits signed by company representatives detailing
sales figures for burgers under use of the BIG MAC trademark, as
well as samples of advertising material and packaging. Despite the
declaration of millions in sales, the Office
