LONDON — A top European Union court ruled on Wednesday that McDonald's has lost its Big Mac trademark in the 27-nation bloc, ruling in favor of Irish fast-food rival Supermac's in a protracted legal battle.
The General Court of the European Union has ruled in its judgment that the American fast food giant has failed to prove that it actually used the name Big Mac for chicken sandwiches, poultry products or restaurants over a period of five years.
The Big Mac is a hamburger made of two beef patties, cheese, lettuce, onions, pickles and Big Mac sauce, according to the company's website.
The decision is about more than just civilian names. It opens the door for Galway-based Supermac to expand into other EU countries. The dispute erupted when Supermac's applied to register its company name in the EU as it drew up its expansion plans. McDonald's objected, saying consumers would be confused because it had already trademarked the name Big Mac.
Supermac's filed a request with the EU Intellectual Property Office in 2017 to revoke the trademark registration of McDonald's Big Mac. The company said the US company could not prove it had used the name for five years for certain categories not specifically related to the burger. That is the period during which a trademark must be used in Europe before it can be taken away.
After the regulator partially approved Supermac's request, McDonald's appealed to the EU court.
“McDonald's has not proven that the disputed mark has been in genuine use” in connection with chicken sandwiches, foods made from poultry products or services associated with the operation of fast-food, drive-through or take-out restaurants, the court said. to a press summary of his decision.
Supermac has 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 an important ruling that takes a common sense approach to the use of trademarks by major multinationals. It represents an important 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 questions of law.
“The decision of the General Court of the European Union does not affect our right to use the trademark 'BIG MAC',” the company said in a press statement. “Our iconic Big Mac is loved by customers across Europe, and we are pleased to proudly continue to serve local communities as we have for decades.”
