McDo Loses Burger Trademark For EU In Battle with Irish Rival

A top European Union (EU) court said that McDonald’s has lost its Big Mac trademark in the 27-nation bloc, ruling in favor of Irish fast food rival Supermac’s in a long-running legal battle, Kelvin Chan reported for the Associated Press (AP).

Supermac's alleged that the US company couldn’t prove that it had used "Big Mac" for certain categories that aren’t specifically related to the burger over five years. I Photo: McDonald's Facebook

The EU General Court said in its judgment that the US fast food giant failed to prove that it was genuinely using the Big Mac name over a five-year period for chicken sandwiches, poultry products, or restaurants.

The Big Mac is a hamburger made of two beef patties, cheese, lettuce, onions, pickles, and Big Mac sauce, according to the company’s website.

The decision is about more than burger names. It opens the door for Galway-based Supermac’s expansion into other EU countries.

The dispute erupted when Supermac’s applied to register its company name in the EU as it drew up its expansion plans. McDonald’s objected, saying consumers would be confused because it already trademarked the Big Mac name.

Supermac’s filed a 2017 request with the EU’s Intellectual Property Office to revoke McDonald’s Big Mac trademark registration, saying the US company couldn’t prove that it had used the name for certain categories that aren’t specifically related to the burger over five years.

That’s the window of time in Europe that a trademark has to be used before it can be taken away.

After the regulator partially approved Supermac’s request, McDonald’s appealed to the EU court.

“McDonald’s has not proved that the contested mark has been put to genuine use” in connection with chicken sandwiches, food made from poultry products or services associated with operating fast-food, drive-through, or take-out restaurants, the court said, according to a summary of its decision.