June 10, 2020 Feature

BIG MAC EU Trademark Revoked for Nonuse

Janette C. Hamer

©2020. Published in Landslide, Vol. 12, No. 5, May/June 2020, by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association or the copyright holder.

In January 2019, the European Union Intellectual Property Office (EUIPO) upheld a revocation action1 brought by Supermac’s (Holdings) Ltd against McDonald’s European Union trademark for BIG MAC. Supermac’s is a fast-food chain, operating exclusively in Ireland, which opened its first restaurant in 1978. The revocation action was filed in defense of McDonald’s oppositions against Supermac’s EU trademark applications for SUPERMAC’S for restaurant services in class 43. The BIG MAC trademark registration was revoked on the ground of nonuse. On the face of it, this is staggering. In 2013, in the U.K. alone, McDonald’s sold 91 million Big Mac sandwiches.2

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