The US fast-food giant McDonald’s has been stripped of the right to use the term “Big Mac” for poultry products in a partial victory for its Irish competitor, Supermac’s, as ruled by Europe’s second-highest court on Wednesday.
The Luxembourg-based General Court’s decision follows Supermac’s 2017 bid to revoke McDonald’s trademark on “Big Mac,” which the American company had registered in 1996 for a range of meat and poultry products, as well as restaurant services.
The European Union Intellectual Property Office (EUIPO) had previously dismissed Supermac’s application, upholding McDonald’s right to the “Big Mac” name for its meat and chicken sandwiches. This prompted Supermac’s to appeal the decision.
Founded in Galway in 1978, Supermac’s sells a variety of products including beef and chicken burgers, as well as fried chicken nuggets and sandwiches. The company’s challenge was aimed at revoking McDonald’s trademark on the grounds of non-use for a continuous five-year period.
In its ruling, the General Court rejected McDonald’s arguments and partially annulled the EUIPO’s decision. The judges declared, “McDonald’s loses the EU trade mark Big Mac in respect of poultry products.” They further stated, “McDonald’s has not proved genuine use within a continuous period of five years in the European Union in connection with certain goods and services.”
This ruling represents a significant moment in the long-running trademark dispute between the two companies, emphasizing the necessity for trademark holders to demonstrate continuous use of their trademarks to maintain their rights.
