Mc Donalds has registered the Trademark for the Term “Big Mac” in 1998 but they lost it after a decision of EUIPO (European Intellectual Property Office) to revoke the trademark, due to a request of Irish based fast-food chain called Supermac’s.
2017 Supermac filed a request to cancel Mc Donalds trademark on the name Big Mac. The Name was registered under multiple classes of Goods and Services like food preparation, Sandwiches and services associated with operating restaurants.
The argumentation was, that Big Mac Trademark was not properly used during the last 5 years in detail the trademark was not put to genuine use. Mc Donalds argument was, that the name was used on packaging and advertisement in a lot of countries which has not been accepted as this stated only the use for the class defining the sandwiches but not the other classes for which the trademark was obtained.
EUIPO decided, that the evidence from McDonalds did not qualify as genuine use for the defined goods and services and released the decision to cancel the trademark.
As a result of this, Swedish Burger King, decided to make a funny advertisement by creating a new menu. Burger King advertised an entire menu of sandwiches called “Not Big Macs,” using the name of the McDonald’s sandwich in several of its menu items. Product names in this line included, “Big Mac-ish but flame-grilled of course,” Like a Big Mac but actually big,” and “The burger Big Mac wished it was.”
Trademarks are an important value and McDonalds lost a huge value this day and this shows how important the definition of classes is.
#trademarks #greatbrands #brandprotection