The Big Mac is Dead…..Long Live the Big Mac – The Supermacs v. McDonald’s Trademark Decision

The Big Mac Trademark Decision

The world’s media is currently losing it’s collective mind about a decision of the EUIPO regarding McDonald’s ‘Big Mac’ trademark. This, for example, is a screen shot of my news feed of intellectual property sources right now….(Click to Enlarge)

McDonalds Big Mac Trademark News Feed

 

The Big Mac Trademark Reality

I used to work in the media industry, specifically radio. We had a saying that went “Never let the truth stand in the way of a good story”, and I’m afraid, that’s what’s happened here.

YES, McDonald’s DID have A ‘Big Mac’ trademark registration cancelled for non-use.

BUT, this is a list of ‘Big Mac’ registrations it still owns and which are still in force just in Ireland and the UK (Click to enlarge)

Big Mac Trademark Revocation

 

As you can see above, the trademark that was revoked was the EU Trademark registration number 000062638.

As a result of the decision, what has just been cancelled/revoked is as follows:

  • Class 29 – Foods prepared from meat, pork, fish and poultry products, meat sandwiches, fish sandwiches, pork sandwiches, chicken sandwiches, preserved and cooked fruits and vegetables, eggs, cheese, milk, milk preparations, pickles, desserts.
  • Class 30 – Edible sandwiches, meat sandwiches, pork sandwiches, fish sandwiches, chicken sandwiches, biscuits, bread, cakes, cookies, cho- colate, coffee, coffee substitutes, tea, mustard, oatmeal, pastries, sauces, seasonings, sugar.
  • Class 42 – Services rendered or associated with operating and franchising restaurants and other establishments or facilities engaged in providing food and drink prepared for consumption and for drive- through facilities; preparation of carry-out foods; the designing of such restaurants, establishments and facilities for others; construction planning and construction consulting for restaurants for others.

However, as you can see above, they have another trademark registered for ‘Big Mac’ in the EU which was registered in 2018. Look at what it’s registered for. LOOK AT IT! 

  • Class 29 – Foods prepared from meat, pork, fish and poultry products, preserved and cooked fruits and vegetables, eggs, cheese, milk, milk preparations, pickles, desserts.
  • Class 30 – Edible sandwiches, meat sandwiches, pork sandwiches, fish sandwiches, chicken sandwiches, biscuits, bread, cakes, cookies, chocolate, coffee, coffee substitutes, tea, mustard, oatmeal, pastries, sauces, seasonings, sugar.
  • Class 43 – Services rendered or associated with operating and franchising restaurants and other establishments or facilities engaged in providing food and drink for consumption and for drive-through facilities, namely restaurant services, preparation and provision of carry-out food.

McDonald’s have “lost”, but I’m afraid it’s a Pyrrhic victory. The other trademark still stands, is still registered and it still in full force and effect.

Wait until Donald Trump get’s hold of this ‘fake news’

The McDonald’s Big Mac Trademark Decision:

The decision itself is actually very interesting. You can read my thoughts on that HERE.

One of the most interesting aspects, and which might be explored in a future decision (If Supermacs goes for it) is whether the latter registration in 2018 was registered purely to stop Supermacs (or anyone else) being able to revoke it, and therefore registered in bad faith.