McDonald’s loses ‘Big Mac’ EU trade mark battle with Supermac’s

Supermac’s brought the proceedings after the US fast food giant successfully appealed a 2019 decision by the European Union Intellectual Property Office (EUIPO) revoking the trade mark in respect of certain goods and services, including restaurants — which has been an obstacle to Supermac’s expanding across the EU.

In Wednesday’s judgment, the General Court partially annulled and altered the EUIPO decision, further limiting the protection conferred on McDonald’s by the contested mark.

McDonald’s failed to prove the contested mark has been put to genuine use in relation to “chicken sandwiches”, “foods prepared from poultry products” or “services rendered or associated with operating restaurants and other establishments or facilities engaged in providing food and drink prepared for consumption and for drive-through facilities; preparation of carry-out foods”.

Pat McDonagh, Supermac’s managing director, said: “This is a significant ruling that takes a common-sense approach to the use of trade marks by large multinationals. It represents a significant victory for small businesses throughout the world.

“We knew when we took on this battle that it was a David versus Goliath scenario. The original objective of our application to cancel was to shine a light on the use of trade mark bullying by this multinational to stifle competition.”

McDonald’s said: “The decision by the EU General Court does not affect our right to use the ‘BIG MAC’ trade mark. Our iconic Big Mac is loved by customers all across Europe.”