03/03/2023
IP Case Law | 🍔 McDonald's retains ownership of its word mark ‘BIG MAC’ not only for beef burger, but also for restaurant services.
After accepting additional evidence, the Fourth Board of Appeal overturned the decision of the Cancellation Division and concluded that the EUTM ʻBIG MACʼ was not only used to identify a specific sandwich, but also to promote the food provider.
The evidence confirms through various advertising materials that 'Big Mac’ is promoted as an integral part of the restaurant services. It also shows that, as a product, it is widespread to the extent that it is used as a benchmark for comparing the cost of living in different countries – the ‘Big Mac Index’.
Read more on the decision: https://euipo.europa.eu/ohimportal/en/web/guest/-/genuine-use-of-big-mac-is-proven-not-only-for-beef-burger-but-also-for-restaurant-services