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Showing posts with the label EUIPO

EUIPO cancels McDonald's 'BIG MAC' trade mark due to lack of genuine use

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Can the word EU trade mark (EUTM) 'BIG MAC' owned by McDonald's be revoked for non-use? The answer is 'yes'. The EUIPO Cancellation Division  provided  it further to an application for revocation filed by Irish company Supermac (Cancellation No 14 788 C). What happened? McDonald's is (or, rather, was) the owner of the word mark 'BIG MAC' for the following goods and services in Classes 29, 30 and 42 of the Nice Classification: Supermac filed an application under Article 58(1)(a) of the  EU Trade Mark Regulation , requesting the revocation - in its entirety - of 'BIG MAC', on grounds that the mark would have not been put to genuine use for a continuous period of 5 years. In response to the application, McDonald's submitted evidence that 'BIC MAC' would be in use in a number of Member States, including in advertising and on the packaging of relevant products.  The applicant noted that t...

What's in a name? Today OHIM becomes EUIPO, CTMs become EUTMs

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Get used to it, love it With the exclusion of certain provisions that will enter into force on 1 October 2017 (eg  the one, Article 4, that should get rid of the graphic representation requirement), today  Regulation 2015/2424  generally entered into force. As IPKat readers will remember, this regulation is part of the EU Trade Mark Package adopted last December  [ here  and  here ] . which also includes a new  Trade Mark Directive  which Member States have to transpose into their national laws by the 15 January 2019 deadline. What does it change today? Among other things: The Office for the Harmonization in the Internal Market (OHIM) is renamed European Union Intellectual Property Office (EUIPO)  [here's the renewed  website ] ; Community trade marks become European Union trade marks; and  Regulation 207/2009  becomes Council Regulation 207/2009 of 26 February 2009 on the *European Union* trade mark. [Originally...