Fri. Sep 13th, 2024
- This event has passed.
Judgment in Case T-58/23 Supermac’s v EUIPO – McDonald’s International Property (BIG MAC)
05 June
Wednesday 5th June 2024
General Court
Judgment in Case T-58/23 Supermac’s v EUIPO – McDonald’s International Property (BIG MAC)
(Intellectual, industrial and commercial property – Trade marks)
Supermac’s and McDonald’s, an Irish and American fast food chain respectively, are involved in a dispute concerning the use of the word sign BIG MAC registered in the EU.
McDonald’s registered the word sign in 1996 to cover a number of goods and services.
In 2017, Supermac’s applied for revocation on the grounds that the mark
had not been put to genuine use in the EU for an uninterrupted period of five years. The European Union Intellectual Property Office (EUIPO) had established the revocation of rights in respect of certain goods and services.
However, it confirmed McDonald’s right to use the word sign BIG MAC for certain goods and services, including meat and chicken sandwiches, as well as for services provided or connected with the operation of restaurants and other catering establishments or infrastructures for consumption and “drive-in”.
Supermac challenged EUIPO’s decision before the General Court.
Mittwoch, 5. Juni 2024
Urteil des Gerichts in der Rechtssache T-58/23 Supermac’s / EUIPO – McDonald’s International Property (BIG MAC)
Verfall von Unionsmarken
2017 stellte Supermac’s Ltd einen Antrag auf den Verfall der McDonald’s gehörenden Unionsmarke BIG MAC. Supermac’s macht geltend, BIG MAC sei innerhalb eines ununterbrochenen Zeitraums von fünf Jahren in der Union nicht ernsthaft benutzt worden, was dem Unionsrecht zufolge einen Verfallgrund darstelle.
2019 erklärte die Nichtigkeitsabteilung des EUIPO den Verfall der Unionsmarke BIG MAC für bestimmte Produktkategorien.
Daraufhin reichte McDonald’s eine Beschwerde beim EUIPO ein. Mit Entscheidung vom 14. Dezember 2022 wurde der vorherige Beschluss für einige Produktkategorien aufgehoben und für andere zurückgewiesen.
Diese Entscheidung hat Supermac’s vor dem Gericht der EU angefochten.
Details
- Date:
- 05 June
- Event Categories:
- EU General Court, EVENT, IEU AGENDA
- Event Tags:
- EUIPO - McDonald's, Supermac's, T-58/23
Venue
- EU General Court
-
Palais de la Cour de Justice, Boulevard Konrad Adenauer, Kirchberg
Luxembourg, 2925 Luxembourg + Google Map - Phone
- (00352) 43 03-1
- View Venue Website
Organizer
- EU General Court
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