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IP update—EU Big Mac trade mark use ruling; Sycurio v PCI-PAL appeal dismissed; Unitary Patent uptake at EPO; new practice notes, trackers, webinars and news alerts

Published on: 06 June 2024

Published by a LexisNexis IP expert
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Trade marks/passing off

McDonald’s loses EU Big Mac trade mark in respect of poultry products

Following a judgment of the General Court, McDonald’s has lost its EU trade mark Big Mac for poultry products. The court found McDonald’s had not shown genuine use of the contested mark over a continuous five-year period for the goods ‘chicken sandwiches’, the goods ‘foods prepared from poultry products’ and the services ‘rendered or associated with operating 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 material provided gave no real indication of the extent of use of the mark for those goods and services, particularly with respect to sales volume, the duration of use, and how frequently the mark was used. See: LNB News 05/06/2024 68...

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