A top European Union court ruled Wednesday that McDonald’s had lost its Big Mac trademark in the 27-country bloc, ruling in favor of Irish rival Supermac’s in a long-running legal battle.
The EU General Court said in its judgment that the US fast food giant had failed to prove that it actually used the name Big Mac over a five-year period for chicken sandwiches or chicken products. poultry in its restaurants.
The Big Mac is a hamburger made with two beef patties, cheese, lettuce, onions, pickles and Big Mac sauce, according to the company’s website.
The decision isn’t just about the name of the burgers. The dispute arose after Galway-based Supermac’s began considering expansion plans in Europe and applied to register its business name in the EU. McDonald’s objected, saying consumers would be confused because it had already registered a trademark for the Big Mac name.
In 2017, Supermac’s asked the European Union Intellectual Property Office to revoke the registration of McDonald’s Big Mac trademark, arguing that the American company had failed to prove that it had used the name for certain categories for five years. In Europe, this is the period of time a trademark must be used before it can be withdrawn.
After the regulator partially approved Supermac’s request, McDonald’s appealed to the EU court.
“McDonald’s has not proven that the contested mark has been put to genuine use in connection with chicken sandwiches, foods made from poultry products or services associated with the operation of restaurants fast food, drive-thru or take-out restaurants,” the court said in a summary of its decision intended for the press.
Supermac’s presented the decision as a David versus Goliath victory. Its chief executive, Pat McDonagh, accused McDonald’s of “bullying brands to stifle competition.”
“This is an important decision that takes a common-sense approach to the use of trademarks by large multinationals. It represents an important victory for small businesses around the world,” said Pat McDonagh, the director general, in a press release.
The Irish company doesn’t sell a sandwich called the Big Mac, but does have one called the Mighty Mac, which contains the same ingredients.
McDonald’s was not fazed by the ruling, which can be appealed to the Court of Justice of the European Union, the Union’s highest court, but only on points of law .
The EU General Court’s decision 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 our customers across Europe, and we are excited to continue proudly serving local communities, as we have for decades.”