McDonald's Loses Exclusivity of the Big Mac Trademark. How Is It Possible?🤔

Earlier this month, it was reported that the General Court of the European Union (EU) stripped McDonald's of the exclusivity of the Big Mac trademark, following a complaint filed by Supermac’s (an Irish fast-food company) which, in 2017, requested the cancellation of the Big Mac trademark in the EU concerning poultry sandwiches ⚠️.

In fact, the trademark had been registered by McDonald's since 1996, which supposedly prevented other chains from using this name for their products. However, Supermac’s claimed that McDonald's did not make serious use of this trademark in the Nice class related to "poultry and poultry-based sandwiches" for an uninterrupted period of 5 years and, for that reason, should lose the exclusivity of the trademark.

The General Court of the EU ruled in favor of Supermac’s, and the Big Mac is no longer an exclusive trademark of McDonald's. What can we learn from this episode?

💡 A trademark is a strategic element of extreme relevance and should, therefore, be protected thoughtfully.

💡 Registering a trademark is not enough to guarantee its ownership indefinitely.

💡 It is extremely important to carefully analyze the classes to consider at the time of registration, adapting to the type of use planned.

💡 Evidence of serious use is extremely relevant in case of litigation and will be a fundamental leverage for the success of the defense.

✅ When creating and registering a trademark, it is very important to surround ourselves with experienced professionals who can help ensure that we are taking all necessary measures for the proper protection of this valuable asset.

Have you ever gone through a litigation process with a trademark you managed? Tell me in the comments.

#brand #marca #marketing #bigmac