Supermac's Secures Major Win In EU Court In Trademark Battle With McDonald's
Supermac's Secures Major Win In EU Court In Trademark Battle With McDonald's
European fast-food giant McDonald's faced a significant setback when the EU General Court ruled in favor of its Irish competitor, Supermac, in a prolonged trademark dispute over the "Big Mac" name.
The case focused on McDonald's ability to Demonstrate Consistent use of the "Big Mac" Trademark beyond its classic beef patty sandwich. Under EU Trademark Law, active use within five years is required to protect Goods and Services beyond the originally registered category.
According to the Court's ruling, McDonald's failed to provide sufficient evidence of using "Big Mac" for chicken sandwiches, poultry products, restaurants, or takeaway services over the past five years. This shortfall led to Supermac's victory.
The long-running dispute began in 2017 when Ireland's Supermac's sought to have McDonald's "Big Mac" trademark revoked in the European Union. This move came after the US fast-food giant opposed Supermac's own trademark application in the bloc, according to an AFP report. Initially, the EU Intellectual Property Office (EUIPO) upheld Supermac's application, but on appeal, it reaffirmed trademark protection for McDonald's "Big Mac" hamburgers.
However, on Wednesday, the Luxembourg-based General Court modified the EUIPO's decision. It ruled that McDonald's could not claim protection for the chicken version of its iconic burger, although the original beef burger remains trademarked.
"The General Court holds that McDonald's has not proved that the contested mark has been put to genuine use as regards the goods 'chicken sandwiches,' the goods 'foods prepared from poultry products,'" and associated services, the ruling stated.
This decision can be appealed to the Court of Justice of the European Union, Europe's highest judicial authority.
The EU court's decision marks a significant triumph for Supermac. It not only removes a potential obstacle for their European expansion but also weakens McDonald's trademark protection for "Big Mac" in these specific categories.
