McDonald’s was stripped of trademark rights to the “Chicken Big Mac” within the European Union after not using the name for five consecutive years, the region’s second top court said on Wednesday,
The choice by the Luxembourg-based General Court was a partial win for Irish rival Supermac’s in its long-running trademark dispute with the Chicago-based fast food giant.
“The evidence which was submitted by McDonald’s doesn’t provide any indication of the extent of use of the mark in reference to those goods, particularly as regards the quantity of sales, the length of the period during which the mark was used and the frequency of use,” the court ruled.
McDonald’s has lost exclusive rights to make use of the term “Big Mac” for its chicken sandwich. McDonald’s
The “Chicken Big Mac,” which is a specialty item within the EU, features two chicken patties, special sauce, lettuce, cheese and pickles on a sesame seed bun.
McDonald’s said in an email it will possibly still proceed to make use of the Big Mac trademark, which it uses chiefly for a beef sandwich.
The Post reached out to McDonald’s for comment.
In 2017, Supermac’s petitioned the European Union Mental Property Office demanding that McDonald’s not be permitted to trademark the terms “Big Mac” and “Mc” on the Continent.
Supermac’s, the Galway-based company which boasts greater than 100 restaurants throughout Ireland, claimed that McDonald’s didn’t put its Big Mac trademark into “real use” within the EU.
“It is a significant ruling that takes a commonsense approach to using trademarks by large multi-nationals,” Supermac’s managing director Pat McDonagh said in an announcement.
“It represents a major victory for small businesses throughout the world.”
The legal dispute was initiated by Supermac’s, an Irish fast food chain which has accused McDonald’s of using its trademark to “bully” competitors.
A Supermac’s chicken sandwich. Supermac’s
McDonagh likened his company’s battle with McDonald’s as a “David versus Goliath scenario.”
“The unique objective of our application to cancel was to shine a light-weight on using trademark bullying by this multinational to stifle competition,” he said.
Trademark owners should listen to the ruling, said Pinsent Masons IP lawyer Matthew Harris.
“It is a huge wakeup call and owners of well-known trademarks cannot simply rest on the premise ‘it is apparent the general public know the brand and we now have been using it’,” he said.
Supermac’s, which is predicated in Galway, Ireland, boasts greater than 100 locations across the island.
“The case highlights that even global renowned brands are held to the identical scrutiny when having to evidence real use of a trademark in a given territory.”
The ruling could be appealed to the Court of Justice of the European Union, Europe’s highest.
With Post Wires