European union: McDonald’s loses EU trademark for “Big Mac”
January 28 2019

The European Union Intellectual Property Office (EUIPO) cancelled the McDonald’s exclusive use of the “Big Mac” trademark around Europe. The EUIPO ruled that McDonald´s had not proven a genuine use of the trademark “Big Mac”, which it trademarked in 1996, as a Burger or restaurant name, in the extent that they have not provided enough evidence during the five years prior to the presentation of the case in 2017. This was a matter battled for years against the Irish fast food chain Supermac´s who has now plans to expand into the United Kingdom and the rest of the European Union.

This is a relevant decision because it serves as a warning that companies with activities in Europe can no longer file trademark applications without a genuine intention to use it.