Hamburg boundary earthquake
2025-12-12   |   发布于:赛立信

What magical scenes will appear on European streets when 'Big Mac' is no longer exclusive to McDonald's?
A small restaurant with Türkiye's flag on it shouted at the door:
Authentic Big Mac, paired with cumin yogurt sauce, costs 3.9 euros each! ”
The window display of the neighboring German time-honored brand reads:
Vegetarian Big Mac, plant-based meat+rye bread, green upgrade! ”
Further ahead, Michelin starred restaurants in France launched the "Wagyu Big Mac", paired with truffle fries, priced at 39 euros per serving and sold in limited quantities.


This is not a joke, this is a real picture that can be seen at any time in the 27 EU countries after December 4, 2025.


1、 Understand the verdict in 5 seconds
1. Final judgment by the European Court of Justice: McDonald's has not used the Big Mac trademark "seriously" for 5 years → revocation of registration.
From now on, any merchant can legally use "Big Mac" in the EU to sell food, clothes, and phone cases.
3. McDonald's can still sell hamburgers, but it has lost its exclusive rights and it will be extremely difficult to reapply in the future.


One sentence: 'Landlord' EU takes back keys, McDonald's owner instantly becomes tenant.


2、 Why is it that if you don't use it for 5 years, you will be 'taken over'?
EU trademark law='real name registration system'.
Legislator logic:
Trademark=market signal, consumers rely on it to identify goods;
If you don't operate for 5 years, the signal will turn off;
Turning off the lights and dominating the pit is equivalent to hindering peers from starting their own businesses.


So the law gives you a 5-year "renovation period", and if you don't open, you will be forced to terminate the lease and return the storefront (vocabulary) to the market.


This "use or lose it" principle applies not only to the European Union, but also to the United States, the United Kingdom, Japan, Australia, Canada, Singapore, and South Korea.
The only difference is the time limit:
Three years revocable in the United States
China can revoke within 3 years
The EU is revocable for 5 years


3、 What 'invalid evidence' did McDonald's submit?
Project amount/impact remarks
Re registration fee of approximately 500000 euros includes lawyer, translator, notary, and expedited services
Packaging, menus, advertising materials 240 million euros, EU 10000+stores
The market value evaporated by 8.2 billion US dollars, and the stock price fell by 3.7% on the day of the judgment
Brand dilution cannot quantify the dilution of consumer mentality
Chain lawsuits have been filed in at least 11 countries, including the UK, Switzerland, and Norway, for homework copying


Public version of court documents:
1. Screenshot of the official website menu - no sales, no clicks, no regional differentiation;
2. Three employee oaths - testimony from one's own people, credibility discounted;
3. Photo of takeaway packaging - production date coded, unable to determine circulation within 5 years;
4. Screenshot of the advertisement - YouTube global views, unable to prove actual sales in the European Union;


The judge's inner OS: "What I want are receipts, invoices, customs declarations, and store records. Can you give me a PPT? ”


Insufficient evidence equals losing the case, which is the principle of "whoever asserts, bears the evidence" in a society ruled by law.


4、 List of losses: It's much more than just renaming


One sentence: What was lost was not the name, but the moat.


5、 McDonald's' Plan B '
1. Overnight menu changes: European stores have been labeled with "Grand Mac";
2. Backup trademark pool: 17 variants with "Mac" have been registered;
3. Secret recipe marketing: Emphasize that "the sauce is still the same, and the bread is still three-layer bread";
4. Litigation delay: Apply for a delay in execution and strive for a 3-year buffer;
The name can be taken away, but the taste cannot be taken away


But the market only recognizes first memory.
When consumers walk into any small store and click on 'Big Mac', McDonald's exclusive narrative is shattered.


6、 4 pieces of advice for Chinese overseas brands
1. Registration ≠ Talisman
Only 20% of obtaining the certificate is completed, and the remaining 80% is "continuous use+evidence retention".


2. Evidence should have "three things"
There is time, place, and sales.
Time: Invoice, customs declaration form, social media backend screenshot with system time;
Location: For EU sales, please keep the EU invoice, excluding advertisements broadcasted globally;
Sales volume: Don't just give 10 invoices, it's better to make notarized copies quarterly.


3. Establish a "trademark physical examination" system
Self inspection every 3 years:
Which labels have not been used?
Which targets should be renewed?
Which labels should be cut?
Don't let 'zombie targets' backfire on cash flow.


4. Multi dimensional layout
Text: Big Mac
Graphic: Double layered bread+sesame seeds
 Packaging: Yellow outer bag
Slogan: I'm lovin'it
Breaking down the 'brand symbol' into a matrix, throwing one still leaves a moat.


7、 Finally: Three sentences for all brand owners
1. A trademark is not the entirety of a story, continuous use is the key to extending its lifespan.
2. Global market=global evidence chain, don't wait for the defendant to remember to print receipts.
The biggest risk is not that the opponent is too strong, but that you treat the "registration certificate" as a "death free gold medal".


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