(London) A top European Union court ruled Wednesday that McDonald’s had lost its Big Mac trademark in the 27-country bloc, ruling in favor of Irish rival Supermac’s in a long-running legal battle.
The EU General Court said in its judgment that the US fast food giant had failed to prove that it actually used the name Big Mac over a five-year period for chicken sandwiches, meat products poultry or restaurants.
The Big Mac is a hamburger made with two beef patties, cheese, lettuce, onions, pickles and Big Mac sauce, according to the company’s website.
In 2017, Supermac’s asked the European Union Intellectual Property Office to revoke the registration of McDonald’s Big Mac trademark, arguing that the American company had failed to prove that it had used the name for certain categories for five years. In Europe, this is the period of time a trademark must be used before it can be withdrawn.
After the regulator partially approved Supermac’s request, McDonald’s appealed to the EU court.
Supermac’s presented the decision as a David versus Goliath victory. Its chief executive, Pat McDonagh, accused McDonald’s of “bullying brands to stifle competition.”
“This is an important decision that takes a common-sense approach to the use of trademarks by large multinationals. It represents a significant victory for small businesses around the world,” said Pat McDonagh, CEO, in a statement.
McDonald’s was not fazed by the ruling, which can be appealed to the Court of Justice of the European Union, the Union’s highest court, but only on points of law .
The EU Court’s decision does not affect our right to use the “Big Mac” trademark, the company said in a press release. “Our iconic Big Mac is loved by customers across Europe, and we are excited to continue to proudly serve local communities, as we have for decades.”
