McDonald’s Loses ‘Big Mac’ Trademark Battle to Irish Rival Supermac’s
McDonald’s has lost a significant trademark dispute in the European Union over the use of the “Big Mac” name.
Excel Magazine International reports that the EU General Court ruled on Wednesday in favor of Irish fast-food chain Supermac’s, concluding a prolonged legal battle.
The court found that McDonald’s had failed to demonstrate genuine use of the “Big Mac” trademark over a five-year period for products such as chicken sandwiches, poultry products, or restaurants. This ruling underscores the importance of actively using trademarks to maintain legal protections.
The Big Mac, a signature hamburger featuring two beef patties, cheese, lettuce, onions, pickles, and Big Mac sauce, was created in 1968 by a Pennsylvania franchisee seeking to appeal to adult customers.
The court’s decision has broader implications beyond burger names. It potentially paves the way for Galway-based Supermac’s to expand into other EU countries.
The legal dispute began when Supermac’s sought to register its name in the EU as part of its expansion strategy. McDonald’s opposed the registration, arguing that it would confuse consumers due to its existing Big Mac trademark.
In 2017, Supermac’s filed a request with the EU Intellectual Property Office to revoke McDonald’s Big Mac trademark.
The request argued that McDonald’s had not used the name for the specified categories, such as chicken sandwiches and poultry products, within the required five-year period. European trademark law stipulates that a trademark must be actively used within five years to retain protection.
The court’s summary stated, “McDonald’s has not proved that the contested mark has been put to genuine use in connection with chicken sandwiches, food made from poultry products, or operating restaurants and drive-throughs and preparing take-out food.”
Following a partial approval of Supermac’s request by the EU Intellectual Property Office, McDonald’s appealed the decision to the EU General Court.
Supermac’s hailed the ruling as a victory for small businesses. Managing Director Pat McDonagh accused McDonald’s of “trademark bullying to stifle competition,” and described the decision as a “significant ruling that takes a common-sense approach to the use of trademarks by large multinationals.”
McDonagh added, “It represents a significant victory for small businesses throughout the world.”
Although Supermac’s does not sell a sandwich called the Big Mac, it offers a similar product named the Mighty Mac, which contains the same ingredients.
Despite the setback, McDonald’s remained undeterred, noting that the ruling could be appealed to the European Court of Justice on points of law.
The company stated, “The decision by the EU General Court does not affect our right to use the ‘BIG MAC’ trademark. Our iconic Big Mac is loved by customers all across Europe, and we’re excited to continue to proudly serve local communities, as we have done for decades.”
