'We intend to appeal the decision and are confident it will be overturned by the EUIPO Board of Appeals.' 'We are disappointed in the EUIPO's decision and believe this decision did not take into account the substantial evidence submitted by McDonald's proving use of our BIG MAC mark throughout Europe,' McDonald's said in an email.
The ruling can be appealed all the way to the EU's highest court in Luxembourg, and McDonald's plans to fight.
McDonald's argued that its EU right was put to extensive use in Germany, France and the UK, and that that 'is sufficient' to prove its use in the bloc.