McDonald’s vs. Supermac’s: A Cautionary Tale of Trademark Use Requirements in the EU
In 2017, McDonald’s filed a trademark opposition against Irish fast-food chain Supermac’s, arguing that the name “Supermac’s” infringed upon its “Big Mac” trademark. The European Union Intellectual Property Office (EUIPO) ultimately ruled against McDonald’s, concluding that the fast-food giant had not adequately demonstrated genuine use of the “Big Mac” trademark in the EU, leading to the partial revocation of McDonald’s trademark rights.
Legal Takeaways:
- Genuine Use Requirement: The case highlights the critical requirement under EU trademark law for trademark holders to demonstrate genuine use within the relevant market, as failure to do so can result in the cancellation or limitation of trademark rights.
- Trademark Opposition and Revocation Procedures: This decision serves as a reminder of the importance of actively monitoring trademark portfolios and ensuring that rights are not vulnerable to cancellation due to non-use, particularly in jurisdictions with stringent use requirements like the EU.
- Small Entities vs. Large Corporations: The outcome of this case emphasizes that smaller entities can successfully challenge the IP rights of larger corporations, provided they meet the procedural and evidentiary standards required by trademark offices.
–Esraa Sadek, Dec.2024
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