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Not McHappy

The European Union Intellectual Property Office (EUIPO) has removed McDonald’s ‘Big Mac’ trade mark in the EU. The decision follows a challenge from Irish fast food chain ‘Supermac’ for McDonalds to prove continuous and genuine use of the trade mark across the EU, to which the EUIPO found insufficient evidence of use beyond UK, France and Germany. Whilst the judgment will most-likely be appealed, it serves as a reminder that simply registering a trade mark will not guarantee protection unless you can also demonstrate actual, sustained use the mark.