Burger King Mocks McDonalds In Campaign
As far as I am informed Burger King has started teasing or taunting McDonalds by using Big Mac in the names of their Burgers in Sweden.
Even though McDonalds has had it's EUTM ‘Bic Mac’ stripped from them, there can still be national registrations that makes retaliation a possibility for them. Such a registration is in place in Sweden for food services.
This is an important thing to know, that even though you have gone ahead and secured an EUTM getting a national registration in addition can provide you even better protection because if the EUTM falls there is still the national registration to fall back on. Many think that once they have secured the EU trademark that the holy grail is safe, so to speak, and now it has been shown that that actually isn’t the case. And so here comes the important bit about the national registration: You can use that in a dispute resolution. In some countries, if it can be proven usage-based law also applies in relation to trade marks.
Again the usage-based trade mark si a tricky one and I do advice to tread carefully when it comes to that. The protection is more difficult to both obtain and maintain.
As always you as the responsible person in the business need to figure out what your market is and then decide what your plan of action is going to be. A Danish company exporting to the EU needs to consider the possibility of an EUTM & A Danish one as well. The same goes for UK Based companies. Do you want to expand into the rest of Europe or are you content to just stay in the UK? Do you want to expand in the other direction so to speak, here by I mean the US then that is something you need to discus with your trade mark specialist.
In relation to the judgement of Big Mac the decision was made on January 16.th. and therefor McDonalds can still appeal the judgement