McDonald's Loses 'Big Mac' Trademark in EU Court to Irish Rival Supermac's

McDonald's lost its "Big Mac" trademark in the EU after the court sided with Irish competitor Supermac. The ruling opens doors for Supermac's expansion across Europe.

The EU Court Rules in Favor of Supermac's, Stripping McDonald's of "Big Mac" Trademark Rights

McDonald's was unsuccessful in its ongoing legal dispute with Irish fast-food competitor Supermac regarding the trademark of the "Big Mac" name. According to CBS News, the European Union's highest court ruled in favor of Supermac on June 5.

In its judgment, the EU General Court stated that the U.S. fast-food behemoth could not demonstrate that it had legitimately employed the Big Mac label for chicken sandwiches, poultry products, or restaurants for over five years.

The Big Mac is a hamburger with two beef patties: cheese, lettuce, onions, pickles, and Big Mac sauce. A Pennsylvania franchisee invented it in 1968 because the company required a sandwich that appealed to adults.

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Burger names are not the sole consideration. This presents an opportunity for Supermac, headquartered in Galway, to expand into additional EU countries. The dispute was initiated when Supermac applied to register its company name in the EU to develop expansion strategies. McDonald's objected, asserting that consumers would be perplexed due to its existing trademark of "Big Mac."

2017 Supermac requested the EU's Intellectual Property Office to revoke McDonald's Big Mac trademark registration. The U.S. company could not demonstrate that it had used the name for specific categories that are not explicitly related to the burger for five years. In Europe, a trademark must be utilized within a particular frame of time before it can be revoked.

"McDonald's has not proved that the contested mark has been put to genuine use." In a press summary of its decision, the court stated that it applied to chicken sandwiches, poultry-based foods, the operation of restaurants and drive-throughs, and the preparation of take-out food.

EU Court Backs Supermac's in Trademark Battle, Dealing Blow to McDonald's Big Mac Rights

McDonald's appealed to the EU court after the regulator partially approved Supermac's request.

Supermac's depicted the decision as a triumph akin to that of David and Goliath. Managing Director Pat McDonagh accused McDonald's of "trademark bullying to stifle competition."

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"This is a significant ruling that takes a common-sense approach to the use of trademarks by large multi-nationals. It represents a significant victory for small businesses throughout the world," McDonagh said in a statement.

The Irish company does not offer a sandwich named the Big Mac; however, it does offer a sandwich dubbed the Mighty Mac that contains the same ingredients.

McDonald's was unperturbed by the ruling, which is subject to appeal to the European Court of Justice, the highest court in the European Union, but only on legal grounds.

"The decision by the EU General Court does not affect our right to use the 'BIG MAC' trademark," the company said in a press statement. "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."

Photo: Erik Mclean/Unsplash