difference between big mack and giant big mac

Trademark owners must establish the place, time, extent and nature of use for the relevant goods and/or services.

This part of the decision may be surprising to some, but it provides useful guidance as to what is required to prove use. As to the registration for services (operating and franchising restaurants), the Cancellation Division unsurprisingly agreed with Supermac’s that “there is no single piece of evidence that refers to any of the registered services being offered under the” BIG MAC mark.Īs regards the registration for products (sandwiches) the Cancellation Division similarly found that the evidence of use by McDonald’s of the BIG MAC mark was insufficient. This was a bold strategy, but it paid off for the Irish company. The request for revocation was filed for all the products and services covered by McDonald’s mark, including various kinds of sandwiches in classes 29 and 30, but also for services rendered or associated with operating and franchising restaurants in class 42. In April 2017, Supermac’s fought back and filed a request for revocation of the BIG MAC trademark for lack of genuine use. In a Janudecision, the Opposition Division of the EUIPO agreed with McDonald’s and disallowed the SUPERMAC’S registration for those products and services that were the most relevant to McDonald’s business. McDonald’s challenged the registration as likely to cause confusion with its BIG MAC mark. The fight started in 2014, when Supermac’s wanted to expand into the EU and sought to register a Community Trademark for SUPERMAC’S. This is the latest chapter in a fight between McDonald’s and Supermac’s, a competing chain that operates fast-food restaurants in both parts of Ireland.

On January 11, 2019, the Cancellation Division of the European Union Intellectual Property Office (“EUIPO”) rendered a surprising decision that revoked in its entirety the McDonald’s Company’s BIG MAC trademark registration, which had been registered in the EU since December 1998.

Difference between big mack and giant big mac