McDonald’s didn’t lose the BIG MAC trademark after all

By: Trademagazin Date: 2024. 06. 26. 12:14

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In recent weeks, the news that “McDonald’s has lost the BIG MAC trademark” went around the world. The reality is that the European Union Intellectual Property Office (EUIPO) has declared McDonald’s “BIG MAC” European Union trademark partially revoked due to lack of use. What exactly does this mean and from now on who can use this designation and how? An expert from the Oppenheim Law Firm will help you with the answer.

The protection of the trademark was only partially terminated

After hearing the news, dollar signs may have appeared in the eyes of many people, thinking that after McDonald’s, now they too can show how to make a “BIG MAC” sandwich. However, the situation is not that simple.

First of all, it is important to state that McDonald’s did not lose its EU trademark for the “BIG MAC”. The trademark was retained for all goods for which McDonald’s successfully proved the use of the trademark. The protection of the “BIG MAC” trademark was therefore only partially terminated, namely in connection with the goods for which McDonald’s did not use it anyway. The most significant item that received media coverage for which the protection of the “BIG MAC” trademark was terminated was the chicken sandwich – if anyone has ever eaten a big “BIG MAC” burger, they know exactly that this fancy name does not cover a chicken sandwich.