Irish Burger Chain wins a major victory against McDonald’s in “Big Mac” European Trade Mark revocation case

Supermac’s, an Irish burger chain which in 2017 filed an application to revoke McDonald’s’ European Trade Mark for “Big Mac”, has scored a major legal victory that potentially could lead to the revocation of the ‘Big Mac’ and ‘Mc’ trademarks by the European Union Intellectual Property Office (EUIPO).

The decision was based on findings that the global fast food chain had failed to prove that Big Mac had been “put to genuine use in the union for the goods or services for which it is registered” during the five years prior to the revocation request being lodged. It is potentially a big reversal for McDonald’s, which in the past has argued that Supermac’s sounds confusingly similar to Big Mac and the company’s other famous brands.

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5 top tips for vetting your legal adviser

Not a popular topic to tackle.

1. Check for references.

There are many things one could do when looking for a legal adviser. Whether you have invented a new thing and are considering filing a patent application, or you simply need to get an opinion on whether to start legal proceedings, there’s a lot you can do. However, one of the simplest is to check for references. Just pick up the phone and call people who have had work done by the adviser or firm(s) you are considering. Like employee vetting, what the company, solicitor or attorney has done in the past will be a credible indicator of what future work will look like. It helps asking for at least two references. In any case, if you are going to be paying hundreds or a couple of thousand pounds for the work, it makes sense to know a little bit about them. The lawyer should have a track record and experience in undertaking whatever legal issue that you require doing. You should ask questions, although many firms use time billing, so keep these short and to a minimum so that attending to your questions does not take up too much of the lawyer’s time.

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