US fast food chain McDonald’s has lost the “Big Mac” trademark for its poultry products, the European Union’s General Court has ruled.
As Politico reports, the Goliath of the fast food world lost out in a complaint filed by Supermac’s, a smaller Irish chain that is as well known for its fish and chips as its burgers. It sought to restrict McDonald’s brand in the EU, which it claimed was preventing it from expanding across Europe.
The EU judges said McDonald’s had “failed to show that the contested mark has been put to genuine use” for other products such as chicken sandwiches or services linked to restaurant management or takeaway options, according to a court statement today.
Their support for Supermac’s vindicates the Galway-based company’s nearly decade-long trademark battle with McDonald’s.
Supermac’s chief executive Pat McDonagh said the ruling was “vindication for small businesses everywhere who stand up to powerful global entities”, according to an emailed statement.
“We’ve been saying for years that they use intimidation for trademarks,” he said. “We knew when we took on this battle that it was a David vs. Goliath scenario.”
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The company had argued that McDonald’s should not have the exclusive right to use the phrase “Big Mac” for other menu items, such as chicken dishes or restaurant services, because it had not put the trademark to use for additional products for at least five years. McDonald’s said in a statement that the ruling does not affect its right to use the Big Mac brand: “Our iconic Big Mac is loved by customers across Europe.”
The Irish chain last year appealed to an EU court to overturn a 2022 ruling by the EU’s intellectual property office that only partially invalidated McDonald’s rights to the phrase, but still reserved it for services and other potential menu items. The General Court’s decisions can be appealed to the EU’s highest court, the Court of Justice.
