The European General Court stated today, Wednesday, that "McDonald's does not have the right to use the name 'Big Mac' for its poultry products in Europe after failing to use the name for five consecutive years," marking a partial victory for the Irish competitor Supermacs in a long-standing trademark dispute. The court's ruling, which is the second highest in the region and is based in Luxembourg, focuses on Supermacs' attempt in 2017 to invalidate the American company's use of the name "Big Mac," which it had registered in 1996 for meat and poultry products and restaurant services.
The European Union Intellectual Property Office rejected Supermacs' request to invalidate McDonald's use of the name and supported the American company's use of the name for its meat and poultry sandwiches, prompting the Irish company to appeal the decision. Supermacs, which opened its first restaurant in Galway in 1978 and sought to expand into Britain and Europe, sells beef and chicken burger sandwiches along with fried chicken pieces and sandwiches.
The General Court rejected McDonald's arguments and partially annulled the Intellectual Property Office's decision. The judges stated in their ruling: "McDonald's has lost the trademark 'Big Mac' in the European Union concerning poultry products." They added: "McDonald's has not demonstrated genuine use of the name during five consecutive years in the EU concerning specific goods and services."
The American fast-food chain mentioned in an email that it can still use the trademark "Big Mac," which primarily identifies its beef sandwich. Pat McDonagh, founder of Supermacs, told Irish radio station Newstalk that the decision "means we can expand into other areas and spread Supermacs across the EU, so it’s a huge win for us." The ruling can be appealed to the Court of Justice of the European Union, which is the highest court in the bloc.
