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Brand BIG MAC normally used

Brand BIG MAC normally used

The ruling in Supermac's cancellation case against the Big Mac trademark shook trademark law in the European Union. McDonald's relied on its prior trademark Big Mac in the earlier opposition proceedings. Because this mark was older than 5 years, McDonald's had to submit genuine use. The EUIPO found this insufficient. Fortunately, McDonald's appealed and submitted additional evidence.

 

The Board of Appeal (BoA) states that this is sufficient. Also, the BoA provided additional comments. A Wikipedia page can serve as evidence if it does contain references to other reliable sources, such as newspapers and magazines that again provide information about the brand. In addition, consumer research, financial pieces and other articles clearly show that the trademark has been used to its fullest extent in countries such as Germany, France and the UK. The ruling is corrected, the trademark is upheld.

About Abcor

Abcor specializes in applying for trademark and design rights. We do this worldwide for both SMEs and international companies, but often everything starts with an initial Benelux application. Our aim is to relieve the client of all the worries, which is why we take care of all the steps, from initial advice on what to apply for and how, right through to registration.

In addition to applying for trademarks, we also manage portfolios for our clients. We ensure that trademarks are renewed on time, that the right organizations are paid (given the many fraudulent companies), and we support our clients on issues.

In addition, we are sparring partners for our customers on new products and how to shape and claim new ideas.

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Newsletter: Abcor ABC Magazine

Een korte introductie tekst over de nieuwsbrief waarin je uitlegt wat het is. Hoe je direct de nieuwste editie kunt lezen en hoe je je kunt abonneren. And click here for all the numbers.

Among others in this issue:
• EUIPO vs Mora TV: weigering geluidsmerk
• Jägermeister vs Alte Heiler: stop Russische copycat
• Stichting Nederlandse Top 40: gericht op Benelux?
• Tijdschrift HART vs Hermitage: soortgelijkheid
• Monique Granneman: nieuwe partner Abcor

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