«Le Big Mac» and The Lack of Use of the Trade Mark

Abstract

 In this paper, we aim to examine a relevant issue concerning the extinction of the rights conferred by trade mark registration in the absence of genuine use, confining our analysis to European trade mark law. After referring very briefly to the legal regime set out in this realm, we focus on a recent case decided by the General Court in relation to a world-famous trade mark. The decision of the 6th Chamber of the General Court, of 5 June 2024, in the «BIG MAC» case (T-58/232) warrants a more detailed approach to proof of genuine use of the trade mark, which is one of the most important issues in obligatory trade mark use and also one of the areas in which the evolution of European trade mark law has been most significant.

Keywords: Trade mark revocation, trade mark use, lack of use