The European Union Court of Justice (ECJ) has ruled against McDonald’s in a trademark dispute with Irish rival Supermac’s. The complaint, which was initially filed in 2017, challenged McDonald’s use of the term “Big Mac” for chicken sandwiches. McDonald’s had registered the term in 1996 for a range of products and services, including sandwiches and restaurant operations.
The complaint was brought to the ECJ after the European Union Intellectual Property Office (EUIPO) dismissed Supermac’s application to revoke McDonald’s use of the term. The EUIPO had confirmed McDonald’s use of the term for meat and chicken sandwiches, but Supermac’s argued that the evidence provided by McDonald’s was not sufficient to prove genuine use of the trademark in relation to poultry products.
The ECJ ultimately found in favor of Supermac’s, stating that McDonald’s had not used the term “Big Mac” enough in relation to poultry products to maintain their trademark rights. The court also considered whether McDonald’s had the right to use the phrase for branding restaurant services, such as takeaway food and drive-through facilities. In this regard, the ECJ upheld Supermac’s complaint and overturned McDonald’s protection of the phrase for such purposes.
Supermac’s founder, Pat McDonagh, expressed his satisfaction with the ruling, stating that it was a “big win for anyone with the surname Mac.” He also highlighted that the decision would allow Supermac’s to expand their brand across the EU.
McDonald’s, on the other hand, remains confident in their right to use the “Big Mac” trademark. In a statement, the company stated that the ruling by the EU General Court does not affect their ability to use the trademark. They also emphasized their commitment to serving their iconic Big Mac to customers across Europe.
While the ruling can be appealed to the ECJ, it can only be done on points of law. As such, McDonald’s may not be able to overturn the decision. Each party involved in the dispute has been ordered to cover their own costs.
