23.10.2019 14:47:02

McDonald’s loses its "Mc" trademark in the EU

Following the recent revocation of the Big Mac trademark, the multinational fast-food chain may lose the exclusive right to use another of its iconic designations. Indeed, the EU Intellectual Property Office (EUIPO) recently partially revoked the "Mc" trademark. due to lack of use.

In its judgment, which is still revocable, the EUIPO stated among other things that the use of the sign “Mc" as part of the denominations "McDonald’s" or "McFlurry" does not fulfill the requirement of proper use of the trademark in the market, since the distinctive capacity of the trademark "Mc" is altered.

The obligation to use the mark actively on the market, for example by placing it on products or use in advertising, is therefore not fulfilled if the mark used in the market substantially differs from how the trademark was actually registered. Only supplementary changes are allowed, i.e. those that do not alter the nature of the sign as such, and connection of the trademark with another protected sign is not permitted.