TRADEMARK | McDonald’s partially loses EU trademark “BIG MAC” for non-use

On 5 June 2024, the General Court of the EU issued a decision in Case T-58/23, revoking protection of McDonald’s EU trademark “BIG MAC” for chicken sandwiches and food prepared from poultry products in general, due to non-use. The General Court revoked the trademark’s protection because McDonald’s failed to prove genuine use of the sign “BIG MAC” in relation to poultry products; in particular the Court deemed that the proof of use provided by McDonald’s lacked evidence of (i) the volume of sales of the products; (ii) the length of the period of use; (iii) the frequency of use.

Newsletter n. 98 – July 2024