Lessons learned from the BIG MAC: how to prevent trademark revocation for non-use

The EUIPO Cancellation Division (the “Division”) ruled against the owner’s BIG MAC trademark registration, stating it should be revoked for non-use. This outcome was surprising given the BIG MAC burger is one of the most popular and well-known products in the fast-food market. On 14 December 2022,the EUIPO board of appeal(the “Board”) departed from the ruling granting revocation on the basis of non-use by partially upholding the appeal filed by the owner.