He General Court of the European Union ruled Wednesday that McDonald’s does not have the exclusive right to use the “Big Mac” brand for the sale of its chicken burgers in the European Union.
The restaurant brand will have to say goodbye to the monopoly over its popular brand in its more than 6,000 franchised establishments in the European Union.
The ruling refers to a lawsuit related to the use of the trademark for “poultry products”, especially chicken meat sandwiches, and at their services drive-in (purchase from cars).
According to the BBC, McDonald’s registered the “Big Mac” trademark in the EU in 1996. However, That trademark was legally challenged in 2017 by Supermaca 120-unit Irish burger and chicken chain, founded in 1978.
The General Court of the EU considers that McDonald’s has not demonstrated the importance of the brand
The Irish chain claimed McDonald’s blocked its founder, Pat McDonagh, from registering “Supermac” as a trademark while the smaller company sought to expand outside its home country. Through his legal battles, McDonagh argued that McDonald’s was not using its trademark for restaurants.
Because McDonald’s Big Mac refers to its popular beef product, the Luxembourg court has concluded that the burger chain has not sufficiently demonstrated the use of the Big Mac trademarkits most popular product, in items made from chicken for an uninterrupted period of five years.
For that reason, rejects understanding Big Mac as synonymous with the services and restaurants of the American chain and has ruled in favor of Supermac’s, although McDonald’s can still appeal the decision before the highest body of the European Union, the Court of Justice of the EU (CJEU).
It should be noted that, with the court’s decision, McDonald’s may still use the Big Mac, but others may also use the brand for chicken products.
This failure occurs approximately one year after another major trademark battle in the quick service segmentin which Taco Bell presentedor legal requests to cancel Taco John’s “Taco Tuesday” trademark. Like Supermac, Taco John’s accused the largest chain of bullying. However, Taco Bell’s efforts bore fruit and the “Taco Tuesday” trademark was abandoned.
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