LONDON (AP) — A top European Union court declared Wednesday that McDonald’s has lost its Big Mac trademark in the 27-nation bloc by ruling in favor of Irish junk food rival Supermac’s in a long-running legal battle.
The ruling by the General Court of the European Union indicated that the American giant could not prove that it actually used the Big Mac name over a five-year period for chicken sandwiches, poultry products or restaurants.
The Big Mac is a hamburger with two pieces of beef, cheese, lettuce, onion, pickles and Big Mac sauce, according to the company’s website.
The decision goes beyond the name of a burger. The dispute arose after Galway-based Supermac’s began contemplating expansion across Europe and applied to register its name in the EU. McDonald’s objected, claiming that consumers would be confused by the Big Mac trademark, which was already registered.
In 2017, Supermac’s filed an application with the European Union Intellectual Property Office to revoke the registration of McDonald’s Big Mac, stating that the American company could not prove that it had used the name for more than five years in certain categories. That is how long a registered trademark must be used in the EU to prevent it from being withdrawn.
After the regulator partially approved Supermac’s application, McDonald’s appealed to the community court.
“McDonald’s has not demonstrated that the challenged mark has been effectively used” in relation to chicken sandwiches, products made with poultry products or services associated with the operation of junk food, self-service or takeaway restaurants, the court stated. , according to a press summary of his decision.
Supermac’s said it was a David versus Goliath victory and its CEO Pat McDonagh accused McDonald’s of “brand bullying to stifle competition”.
The Irish company does not have any product called Big Mac, but its menu includes the Mighty Mac, which has the same ingredients.
McDonald’s was unfazed by the ruling, which can be appealed to the European Court of Justice, the bloc’s highest judicial body, but only on questions of law.
“The decision of the General Court of the EU does not affect our right to use the ‘BIG MAC’ trademark,” the company said in a statement.
