McDonald’s has suffered a setback in a trademark dispute with an Irish fast-food chain. The ruling, delivered by a top EU court on Wednesday, determined that McDonald’s could not retain exclusive rights to label its chicken burgers as “Big Macs“. The dispute dates back to 2017 when Supermac’s of Ireland challenged McDonald’s “Big Mac” trademark in the European Union. This move came after McDonald’s objected to Supermac’s own trademark application within the bloc.
Initially, the EU Intellectual Property Office (EUIPO) supported Supermac’s application but later upheld the trademark protection for McDonald’s original beef “Big Mac” hamburgers. The General Court, based in Luxembourg, overturned the EUIPO’s decision, stating that McDonald’s could not claim protection for the chicken version of its iconic burger. However, the trademark for the beef burger remains intact.
According to the ruling, McDonald’s failed to demonstrate genuine use of the contested trademark for chicken sandwiches and related products. Although the McDonald’s Chicken Big Mac, featuring two chicken cutlets, cheese, lettuce, onions, pickled cucumbers, and the signature Big Mac sauce, is more prevalent outside the EU, the court’s decision impacts its trademark status within the region. While McDonald’s has the option to appeal the ruling at the EU’s highest court, it acknowledged the verdict, asserting that it does not affect their right to use the “Big Mac” trademark.
Pat McDonagh, managing director of Supermac’s, hailed the ruling as a victory against what he termed “trademark bullying” by multinational corporations. McDonagh emphasized that their original intention was to shed light on such practices to promote fair competition. The court’s decision has broader implications, signaling a win for small businesses globally and highlighting the need for balanced trademark protection.
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