BIG MAC – Dangers In Overzealous Trade Marks Enforcement

Trade marks registration gives proprietors exclusive rights to use their trade marks in relation to registered goods and/or services.

The quid pro quo is that after an initial five-year grace period proprietors must put their trade marks to use in the course of trade (“genuine use”) for those registered goods and/or services.

If a registered trade mark is not put to genuine use within five years of registration and/or for continuous periods of five years thereafter, the trade mark registration is liable to be revoked in whole or in part for those of the registered goods and services for which no genuine use has been shown.

McDonald's was amongst the first organisations to take advantage of the EU Trade Marks registration system newly introduced in 1996.