McDonald’s loses chicken Big Mac trademark dispute as EU rules the term open for use

06 Jun 2024 --- In a significant ruling, McDonald’s has lost a European trademark dispute to an Irish fast food chain over the name “Big Mac.” The European Court of Justice sided with Supermac’s in the long-winded legal battle and ruled that McDonald’s holds no exclusive right to use the label to refer to its chicken burgers sold in the EU. 

This ruling can have significant implications for both companies, potentially reshaping their branding and marketing strategies in the EU market.

The Court said in its judgment that McDonald’s had not been able to prove genuine use of the label over a continuous five-year period.

The fast food giant registered a trademark in 1996 in the EU as a nickname for its large double-patty burgers. The name has since become increasingly popular, and with the ruling, other businesses will be allowed to use it to refer to poultry products.

“The evidence which was submitted by McDonald’s does not provide any indication of the extent of use of the mark in connection with those goods, in particular as regards the volume of sales, the length of the period during which the mark was used and the frequency of use,” reads a statement released by the Court.

Companies speak

The EU court said in its judgment that McDonald’s had not been able to prove genuine use of the label over a continuous five-year period.Supermac’s managing director Pat McDonagh welcomed the General Court’s decision: “This is a significant ruling that takes a common sense approach to the use of trademarks by large multinationals. It represents a significant victory for small businesses throughout the world.”

On the other hand, McDonald’s noted in a press statement that the decision does not affect their operations: “The decision by the EU General Court does not affect our right to use the ‘Big Mac’ trademark.”

“Our iconic Big Mac is loved by customers all across Europe, and we’re excited to continue to serve local communities, as we have done for decades.”

This ruling opens doors for Supermac’s in the EU. It has over 100 restaurants in Ireland, making it the biggest Irish-owned restaurant in the country.

Supermac’s has been in a legal battle against McDonald’s for over seven years, filing its first request with the EU’s Intellectual Property Office to cancel McDonald’s “Big Mac” trademark.

McDonald’s had blocked Supermac’s registration of a trademark of the same name, impacting the Irish chain’s plans for expansion in the EU. Supermac maintained that since the US giant was not using its trademark in its restaurants, other businesses should not be restrained from using the term “Mac” to refer to their products.

By Anvisha Manral