Warning: mysqli_query(): (HY000/1): Can't create/write to file '/tmp/#sql_7ae_0.MYI' (Errcode: 30 - Read-only file system) in /home/thewosf4/public_html/wp-includes/wp-db.php on line 2056
Dawn Ellmore Employment reviews the shock defeat for McDonald’s as it’s stripped of its ‘Big Mac’ EU trade mark – The World Reporter
Connect with us

Dawn Ellmore Employment reviews the shock defeat for McDonald’s as it’s stripped of its ‘Big Mac’ EU trade mark

Published

on

mc donalds europe EU

For more than half a century McDonald’s has been a recognisable brand in just about every country you can think of. According to its website, the chain has restaurants in 101 countries. Its 36,000+ restaurants serve around 69 million fast food fans every single day.

With stats like this, and McDonald’s easily recognised by just about anybody, the recent EU trade mark ruling has surprised many. McDonald’s has just lost its EU trade mark for the Big Mac in what is dubbed a ‘David and Goliath’ battle with a small Irish chain.

How did McDonald’s lose its Big Mac EU trade mark?

When Supermac’s took on the might of McDonald’s in a trade mark battle, it was assumed by many that the smaller chain would lose. While Supermac’s may not be a household name in the UK, however, it’s much loved in Ireland.

Now the largest fast food chain in Ireland, Supermac’s began in 1978 and today has more than 110 franchises and restaurants all over the country. Founded by Pat and Una McDonagh, it was named after his nickname, ‘Supermac’ when he played Gaelic football. They also own Claddagh Irish Pubs & Restaurants through Supermac’s Ireland Ltd.

The EU trade mark battle

Supermac’s has been locked into an ongoing fight with McDonald’s since 2015, when it announced plans to expand into the EU and UK. McDonald’s initially objected to Supermac’s registering a number of trade marks for products and its name. They argued that the names McDonald’s and Supermac’s are too similar and would cause customer confusion. McDonald’s further argued that the Supermac’s brand name is visually too similar to their trade mark.

Supermac’s responded by pointing out that they had happily traded at the same time as McDonald’s in Ireland for more than 30 years with no signs of confusion on the part of customers.

Initially, McDonald’s won a part-victory when the European Union’s Office for Harmonisation in the Internal Market (OHIM) decided that Supermac can continue to trade in its own name within the EU. However, it rejected the Irish company’s trade mark applications for various products and menu items, saying that consumers might “be confused as to whether Supermac’s is a new version of McDonald’s”, given that there are near-identical products sold by both restaurant chains.

Revoking McDonald’s EU trade marks

In January 2019, the European Union Intellectual Property Office (EUIPO) made a decision that allows victory to Supermac’s after all. By ruling that EU trade marks owned by McDonald’s are to be revoked, Supermac’s is clear to expand into the rest of the EU.

The landmark decision went into effect immediately, on the basis that the EUIPO rules that McDonald’s had failed to prove “genuine use” of its Big Mac trade mark as a restaurant or menu item.

Unsurprisingly delighted, Pat McDonagh says: “Never mind David versus Goliath, this unique landmark decision is akin to the Connacht team winning against the All Blacks. This is the end of the McBully. Just because McDonald’s has deep pockets and we are relatively small in context, doesn’t mean we weren’t going to fight our corner.”

How the fight played out

In April 2017, Supermac’s requested that the EUIPO cancel McDonald’s trade mark for ‘Big Mac’ and ‘Mc’. The chain also accused the US giant of “trade mark bullying” by registering and gaining protection for names, but not actually using them to stamp down any potential competition.

On its part, McDonald’s legal representatives provided signed affidavits from high level executives and showed examples of packaging and adverts to demonstrate it serves Big Macs right across the EU, and therefore deserves to retain the EU trade mark for that specific product.

However, the EUIPO deemed this “insufficient” in its judgement. As trade marks are registered at national level and at the EU, McDonald’s does not lose all of its protection for the Big Mac. They also have the right to appeal, which we suspect they are likely to do.

Supermac’s forges ahead

For Supermac’s, all eyes are on the future. Mr McDonagh says: “This now opens the door for the decision to be made by the European trade mark office to allow us to use our SuperMac as a burger across Europe.”

A representative from EIP, an intellectual property law firm, Carissa-Kendall Windless, says: “This decision is a significant one, partly because it serves as a warning to multinational companies that they can no longer simply file trade mark applications without a genuine intention to use it”.

It’s inevitable that McDonald’s will exercise its right to appeal, and it will be interesting to see how this David and Goliath battle goes on this year.

About Dawn Ellmore Employment

Dawn Ellmore Employment was incorporated in 1995 and is a market leader in intellectual property and legal recruitment.

Use your ← → (arrow) keys to browse


Warning: mysqli_query(): (HY000/1): Can't create/write to file '/tmp/#sql_7ae_0.MYI' (Errcode: 30 - Read-only file system) in /home/thewosf4/public_html/wp-includes/wp-db.php on line 2056
Up Next

ILMAP leads the way in quality for all types of water management hardware


Warning: mysqli_query(): (HY000/1): Can't create/write to file '/tmp/#sql_7ae_0.MYI' (Errcode: 30 - Read-only file system) in /home/thewosf4/public_html/wp-includes/wp-db.php on line 2056
Don't Miss

Dawn Ellmore Employment analyses Heineken’s trade mark application for 2026 World Cup

Student @ Advanced Digital Sciences Center, Singapore. Travelled to 30+ countries, passion for basketball.

Continue Reading
Comments

Warning: mysqli_query(): (HY000/1): Can't create/write to file '/tmp/#sql_7ae_0.MYI' (Errcode: 30 - Read-only file system) in /home/thewosf4/public_html/wp-includes/wp-db.php on line 2056

Employee Training and Development Becomes One of the Most Disruptive Megatrends That Is Shaping the Future of Work

Published

on

Employee training

There is no question about the effectiveness of employee training and development. It’s incredibly important to help your staff advance their skills and knowledge to help grow a business, but the impact of employee learning has often been understated and even neglected. However, companies are now suggesting that employee training and development is one of the biggest megatrends that have completely transformed the future of work. It has overhauled how businesses should be developing and engaging with employees, and it’s leading to an incredibly diverse and talented workforce that is capable of wonderful new things.

Part of the problem of employee training and development is that it’s difficult to measure its impact on the workplace. Employee performance often isn’t a quantitative measurement that is easy to read and link to their output. This is one of the reasons why the effectiveness of employee training and development has been questioned by management experts.

Thankfully, new strategies have been developed to help measure workplace learning and its impact on companies. Below, we’ve included a helpful infographic that covers some of the most important measurements, such as return on investment and how it is calculated in the context of employee learning and development. It should put the effectiveness of employee training into perspective and will help you better understand when training is needed and how development actually improves your business and its productivity.


Infographic by: Ezra Coaching
Prev postNext post
Use your ← → (arrow) keys to browse

Continue Reading

Top 10 Simple Health Changes To Boost Your Well-Being

Published

on

It does not matter how old you are, where you live, or what your occupation is, your health should always be a top priority. However, most of us are a little bit guilty of letting our well-being slide from time to time. With that being said, read on to discover some of the simple ways you can give your health a boost today.

  1. Get rid of at least one item in your life that contains toxic chemicals – You may be shocked by just how many items in your life contain toxic chemicals. This includes everything from air fresheners to bed sheets. Get rid of one of these items and replace it with something natural instead. This is something you should make a habit to do every few months or so. You will be surprised by just how much of a difference this can make. 
  2. Deep breathe for at least five minutes – Throughout the day, you should make sure you take the opportunity to deep breathe for at least five minutes. Why? Well, there have been numerous studies that have shown that deep breathing can help to lower stress hormone levels. This means that you will feel better, get an improved night’s sleep, and you will have less anxiety too.
  3. Drink more water – You probably expected this to be on the list, but the importance of drinking more water should never be ignored. Your body needs water for almost every function. If you are dehydrated, this could be the cause of headaches, pains, aches, and a number of other symptoms.
  4. Have one veggie night per week – A lot of people eat far too much meat, red meat especially. So, why not have a veggie night once a week? Not only is this good for your health, but it will be good for your bank balance too. There are so many great recipes online that can give you ideas regarding tasty and creative dishes that do not incorporate any sort of meat or fish. Once you start off with one night per week, you may then decide that you want to up it to two nights, and so on. However, it always helps to start off small so that it is easier and more manageable, and you can then get used to it.
  5. Sign up for an online pharmacy – Nowadays, you can easily order your prescriptions and medications over the Internet via an online pharmacy. This can help you to boost your health because it ensures you never experience delays with your medication. If you are someone who often doesn’t take their recommended course of tablets because you cannot get to the doctors in time for a repeat prescription, then this is definitely a good suggestion for you. Your medication will be delivered to your door with a click of a button.
  6. Make a dedicated effort to lower your stress levels – There is no denying that we live in a very stress-filled world at the moment! The world we live in is one that has heaps of pressure, and it can be difficult to stay on top of everything and keep those stress levels low. However, it is vital that you find a way to do so. After all, if you don’t adrenal fatigue and health can start to take a tumble, which is the last thing you want. For those who are unaware, adrenal fatigue relates to a group of different symptoms that impact people who are under a lot of physical, emotional, or mental stress. From being a single parent to having a stressful job, there are a lot of different reasons why you may be struggling. Therefore, we recommend that you look for different ways to reduce those stress levels so that you can enjoy a more calming and peaceful life. Whether it is doing some breathing techniques or taking more regular breaks so you can have moments for yourself, there are a lot of different ways that you can make sure you are keeping your stress levels to a minimum. The importance of this should not be overlooked, as stress can impact our mental and physical health in so many different ways. 
  7. Do something nice for someone every day – You will be surprised by how good this makes you feel, and by how much this has a positive impact on your health. It’s all about mental well being. When you do something nice for another person, you are benefitting their health, as well as your own. First and foremost, there is no denying that it feels good to hear some nice words for someone or to get a helping hand when you need it. You feel recognised and appreciated, and this is something we all need. At the same time, doing something nice for someone else and seeing their reaction can make you feel amazing too. After all, doing something good for someone is a gift for yourself at the same time. You will find that the deed continues throughout the day, making you feel great and happy within yourself. 
  8. Incorporate some movement into your commute – If you do not have an active job, this is particularly important. Sitting at a computer all day can be bad for your health. One way to combat this is by incorporating some movement into your commute. If you can walk or bike to work, you should give this a go. If not, start parking your car further away from your place of work so that you have to walk there and back. You should also start using the stairs instead of the elevator whenever you can.
  9. Start meal planning – You will find it much easier to eat healthily if you plan your meals. At the start of every week, make a menu of what you are going to cook for dinner every evening, as well as what you are going to make for your lunches every day. Not only will this help you to eat better, but you will save money too. Make sure you incorporate some healthy snacks into your food prep for work. This will stop you from going to the vending machine whenever you are bored or your energy is zapped. The great thing about the times we live in at the moment is that you can easily get recipes and meal prep inspiration online. So, if you are struggling, simply do a little bit of digging online and we are sure that you will find a lot of different options when it comes to meal ideas and clever food prep suggestions for the week ahead. Not only is this going to help you to be more organized, but you will find that it actually saves you quite a bit of money in the process. After all, when we do not have a food plan for the week ahead, we tend to spend a lot of money on items we do not need. Food can end up going in the bin because we do not use it. This ends up in an awful lot of waste, and we should all be looking to reduce this, so meal prep is great in many ways.
  10. Keep a journal – Last but not least, keeping a journal is good for a person’s mental health. You should write down your thoughts. It doesn’t need to be a long entry; you can simply jot down a few bullet points every evening. This will help you to articulate your thoughts so that they do not wear you down. After all, it can be very difficult to sleep if you have lots on your mind. A lot of experts advise this approach for people who suffer from insomnia. One of the main reasons why a lot of people struggle to get the hours of sleep they need is because they cannot shut off when they go to sleep; their minds are still going at a million miles per hour. They are thinking about what they need to do the following day and any worries or concerns that they may have. Because of this, it very much makes sense to keep a journal so you can offload some of these thoughts and worries and you can have a much more restful night of sleep. Once you get into the habit of doing this, you will see that it actually does make a significant difference when it comes to drifting off and enjoying a good night of rest. 

So there you have it: some of the best ways to give your health a boost. The suggestions that have been provided are really simple and easy, so there is no excuse not to give yourself a bit of TLC. we are sure that you will start to notice a difference as time goes on. However, as is the case with anything, it requires patience and persistence. You cannot expect to turn your health around in one night.

Use your ← → (arrow) keys to browse

Continue Reading

Why Buy A Business, Rather Than Start One

Published

on

There are good and bad sides to buying a business and starting your own business from scratch. For lots of people, the positives of buying an established business outweigh the positives of starting a business. Here are the reasons why buying an existing business could be the right choice.

Easier To Secure Finance

All businesses will need finance. Unless you can fund your business yourself, you’ll need to secure financing from investors. Most lenders will be more willing to lend money to an established business that they can already see is doing well, rather than risk an unknown factor. 

Income From Day One

One of the downsides of starting a business is that most start-ups will go through an early stage where they don’t make much, if any, money. For some entrepreneurs, this stage can last for several years. 

During this stage, you will need to pay out for things like your premises, as well as equipment, installation of equipment, stock, materials, fixtures and fittings, legal and professional fees, a license, uniforms, and more. 

If you don’t have finance in place or another form of income, this stage can be very tough for a new business owner. If you buy a business, you can start earning from day one, and avoid this tricky period where you might be out of pocket.  

Established Brand

When you buy a business that already exists, you are also buying into a brand that is already known, recognizable, and has a track record. You get the business complete with all the trademarks, copyrights, and websites associated with it, as well as the business locations

This means that your business will already have customers, lenders, suppliers, and other contacts that are confident in the business already. 

Instant Customer Access

An existing business also has customers already, which can help you succeed straight away. You can use a range of strategies and marketing to build on the existing customer base, but won’t have to struggle to build a customer base from scratch. 

Established Network Of Contacts

When you start a business from scratch, a lot of your time and energy has to be put into building up a network of contacts. 

All businesses need to have supplier and marketing contacts, so buying an existing business that already has those contacts in place allows you to hit the ground running.

Like money lenders, suppliers and marketing companies are more likely to offer you more favourable terms if your business has been around for a while and they know it.  

Focus On Growing The Business

When an entrepreneur starts a new business, they will have to put a lot of their energy into getting their business off the ground. This takes a lot of time and can be very tiring. 

On the other hand, when you take over a business that is already established, you’ll be freer to focus on the areas of the business that most need your attention, aiding the growth of the business as a whole. 

Use your ← → (arrow) keys to browse

Continue Reading

Warning: mysqli_query(): (HY000/1): Can't create/write to file '/tmp/#sql_7ae_0.MYI' (Errcode: 30 - Read-only file system) in /home/thewosf4/public_html/wp-includes/wp-db.php on line 2056

Warning: mysqli_query(): (HY000/1): Can't create/write to file '/tmp/#sql_7ae_0.MYI' (Errcode: 30 - Read-only file system) in /home/thewosf4/public_html/wp-includes/wp-db.php on line 2056
Employee training
2 weeks ago

Employee Training and Development Becomes One of the Most Disruptive Megatrends That Is Shaping the Future of Work

boost-your-well-being
1 month ago

Top 10 Simple Health Changes To Boost Your Well-Being

buy-a-business
1 month ago

Why Buy A Business, Rather Than Start One

refrigerated-transport
2 months ago

Temperature Controlled Transport: What is it?

digitization-of-medicine
3 months ago

Digitisation of medicine: better digital medical devices

Trending