Even heavy-weights like MCDONALD’S can lose trademark protection. Think of how much the BIG MAC trademark is worth in Europe and the associated financial loss.
But what about the fact that there’s now no trademark protection for the BIG MAC brand in Europe. Well already within a month, rival BURGER KING has mocked the BIG MAC trademark with advertising using slogans like:
“like a Big Mac but actually big”,
the “burger Big Mac wished it was”,
“the anything but a Big Mac”,
“the Big Mac-ish but flame grilled of course”, and
“kind of like a Big Mac, but juicier and tastier”.
This deliberate action will tarnish the MCDONALD’S brand and reputation, and creates competitive edge for BURGER KING.
Normally this type of competitive action can be handled by using trademark protection. In Australia, a Registered Trademark provides recourse and legal avenues to enforce trademark rights. Without Trademark protection, MCDONALDS cannot enforce and seek compensation.
MCDONALD intends to appeal the decision, so Burger King’s advantage may be short-lived.
Last year, two Australian businesses had used the BIG MAC trademark: Blackbutt Bakery and Burger Urge, both in Queensland.
If you are concerned you may have either lodged your own trademark and:
your application contains content that could void your rights, or
your actions in trade may invalidate the trademark rights, then
Contact our Trademark Firm today and have your trademark rights and business audited today.
Don’t take any chances with your brand and lose control and protection of your trademark.
Many registered trademark owners find out the hard way that their trademark protection or protective value of a registration is nil, when it’s too late.
If large entities can struggle, what hope do small to medium businesses have?
