McDonald’s suffered a legal setback against an Irish fast food chain as a top EU court ruled that the global giant cannot exclusively label its chicken burgers as “Big Mac”.
The dispute dates back to 2017 when Supermac’s of Ireland moved to invalidate McDonald’s “Big Mac” trademark in the European Union, following objections from the US giant against the Irish chain’s trademark application in the bloc.
Initially, the EU Intellectual Property Office (EUIPO) supported Supermac’s application but later upheld McDonald’s “Big Mac” trademark after an appeal.
The Luxembourg-based General Court revised the EUIPO’s decision, deciding that McDonald’s could not claim exclusive rights for the chicken version of its iconic burger, although the original beef version remains trademarked.
According to the court, McDonald’s failed to demonstrate genuine use of the contested mark for “chicken sandwiches”, “foods prepared from poultry products”, and related services.
McDonald’s has the option to challenge the decision at the EU’s highest court.
In response, McDonald’s stated that the ruling does not impact their right to use the ‘Big Mac’ trademark.
Supermac’s managing director, Pat McDonagh, praised the ruling as a victory against trademark bullying and a win for small businesses globally.
