William Simpson
McDonald’s has lost a European Union trademark dispute over the Big Mac name after a top European Union court sided with Irish fast-food rival Supermac’s on Wednesday in a long legal battle.
The EU General Court stated in its judgment that the North American fast-food giant failed to prove that it was genuinely using the Big Mac label over a five-year period for chicken sandwiches, poultry products or restaurants.
The Big Mac is a burger made with two beef patties, cheese, lettuce, onion, pickles and Big Mac sauce. It was invented in 1968 by a Pennsylvania franchisee who felt the company needed a sandwich that would appeal to adults.
The decision involves more than burger names. This opens the door for Galway-based Supermac to expand into other EU countries. The dispute erupted when Supermac applied to register its company name in the EU as it drew up expansion plans. McDonald’s objected, saying consumers would be confused because it already registered the Big Mac name as a trademark.
Supermac’s filed an application in 2017 with the EU Intellectual Property Office to revoke McDonald’s Big Mac trademark registration, saying the US company could not prove it used the name for certain categories that are not specifically related to the burger by over five years. This is the period of time in Europe that a mark has to be used before it can be withdrawn.
“McDonald’s has not proven that the contested mark was used in a genuine manner” in connection with chicken sandwiches, food made from poultry products, or the operation of restaurants and drive-throughs and the preparation of takeout food, the court said, according to a press summary. of your decision.
After the regulator partially approved Supermac’s application, McDonald’s appealed to the EU court.
Supermac portrayed the decision as a David and Goliath-style victory. Managing director Pat McDonagh accused McDonald’s of “trademark bullying to stifle competition”.
“This is a significant decision that takes a common sense approach to the use of trademarks by large multinationals. It represents a significant victory for small businesses around the world,” McDonagh said in a statement.
The Irish company doesn’t sell a sandwich called the Big Mac, but it does have one called the Mighty Mac with the same ingredients.
McDonald’s was unfazed by the ruling, which can be appealed to the European Court of Justice, the bloc’s highest court, but only on points of law.
“The EU General Court’s ruling does not affect our right to use the ‘BIG MAC’ brand,” the company said in a press release. “Our iconic Big Mac is loved by customers across Europe and we are excited to continue to proudly serve local communities as we have for decades.”
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