Trade mark law - Supermac's request for revocation of McDonald’s EU trade mark registration for the word mark BIG MAC is upheld by the Cancellation Division of the EUIPO. According to the EUIPO, has not proven genuine use of the contested EUTM for any of the goods and services for which it is registered, since the evidence analysed does not provide sufficient details concerning the extent of use. The EUIPO finds that, other than exhibiting the sign in relation to goods which could be considered to be part of the relevant goods, the materials do not give any data for the real commercial presence of the EUTM for any of the relevant goods or services.
As a result, the application for revocation is wholly successful and the contested EUTM must be revoked in its entirety. According to Article 62(1) EUTMR, the revocation will take effect from the date of the application for revocation (11/04/2017).
Read the decision here
