3 ms·
No and it's literally in the first few lines of the legal document linked in the second paragraph* Notification of a decision to the applicant Alicante, 11/01/
by mzs 8y ago
No and it's literally in the first few lines of the legal document linked in the second paragraph*
Notification of a decision to the applicant
Alicante, 11/01/2019
TOMKINS & CO.
5 Dartmouth Road
Dublin 6
IRLANDA
Your reference: MT9434
Revocation number: 000014788 C
Contested trade mark: 000062638
BIG MAC
If you read the eight pages it's infuriating the rationale the court used.
"Taking into account the submitted evidence as a whole, it is concluded that the documents do not provide conclusive information that the products marked with the EUTM are offered for actual sale…"
Here's the evidence BTW »
The evidence to be taken into account is the following:
3 affidavits, signed by representatives of McDonald’s companies in Germany, France and the United Kingdom. They claimed significant sales figures in relation to ‘Big Mac’ sandwiches for the period between 2011 and 2016 and attach examples of the packaging of the sandwich (boxes), promotional brochures and what appear to be menus, further referred to below:
Brochures and printouts of advertising posters, in German, French and English, showing, inter alia, ‘Big Mac’ meat sandwiches; and packaging for sandwiches (boxes); the materials appear to originate from the EUTM proprietor and are dated between 2011 and 2016. The brochures and posters show asandwich on the menu along with other products, or on its own, and the prices are also provided on some of the materials; other documents appear to be blank menus in which the price can be filled in. The EUTM appears on the submitted material in relation to sandwiches.
Printouts from the websites www.mcdonalds.de, www.mcdonalds.at, www.mcdonalds.be, www.mcdonalds.cz, www.mcdonalds.dk, www.mcdonalds.es, www.mcdonalds.fi, www.mcdonalds.fr, www.mcdonalds.hu, www.mcdonalds.ie, www.mcdonalds.it, www.mcdonalds.nl, www.mcdonalds.pl, www.mcdonalds.ro, www.mcdonalds.se, www.mcdonalds.si, www.mcdonalds.sk, www.mcdonalds.co.uk, dated between 07/01/2014 and 03/10/2016. They depict a variety of sandwiches, inter alia ‘Big Mac’ sandwiches, some of which state that they are sandwiches made with beef meat.
A printout from en.wikipedia.org, providing information on ‘Big Mac’ hamburger, its history, content and nutritional values in different countries.
Having examined the material listed above in its entirety, the Cancellation Division finds that the evidence is insufficient to establish genuine use of the trade mark.
* https://www.courthousenews.com/wp-content/uploads/2019/01/Big-Mac-euipo.pdf https://www.courthousenews.com/wp-content/uploads/2019/01/Bi...
- mimixco 8y agoYeah, I'm not sure how menu boards and packaging don't constitute enough evidence. If that's really the case, anyone with an EU trademark should be very worried.