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McDonald's loses its trademark "Big Mac" to its Irish competitor in a Supreme Court ruling at the European Union.

McDonald's loses its trademark "Big Mac" to its Irish competitor in a Supreme Court ruling at the European Union.

By Mounira Magdy

Published: June 5, 2024

The European Court of Justice said on Wednesday that McDonald's has lost its Big Mac trademark in the 27-member European Union, ruling in favor of its Irish fast-food competitor Supermacs in a long-running legal battle.

The General Court of the European Union stated in its ruling that the giant American fast-food company failed to prove it had actually used the name Big Mac for five years in relation to chicken sandwiches, poultry products, or restaurants.

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

The decision is about more than just burger names. It opens the door for Supermacs based in Galway to expand into other EU countries. The dispute arose when Supermacs applied to register its company name in the EU while laying out its expansion plans. McDonald's objected, stating that consumers would be confused since it had already registered the name Big Mac as a trademark.

Supermacs filed a request in 2017 with the European Intellectual Property Office to cancel the trademark for McDonald's Big Mac, stating that the American company could not prove it had used the name for specific categories unrelated to burgers for a period of five years. This is the timeframe in Europe during which a trademark must be used before it can be removed.

After the regulatory body partially approved Supermacs' request, McDonald's appealed to the European court.

The court stated that McDonald's did not prove that the contested mark had been genuinely used in connection with chicken sandwiches, poultry product foods, or services related to operating fast-food restaurants or takeout restaurants, according to a press summary of its decision.

Supermacs portrayed the decision as a victory in the style of David and Goliath. General Manager Pat McDonagh accused McDonald's of "bullying brands to stifle competition."

He said, "This is an important ruling that takes a logical approach to the use of trademarks by large multinational companies." McDonagh stated that it represents a significant victory for small businesses worldwide.

The Irish company does not sell a sandwich called Big Mac but has one named Mighty Mac with the same ingredients.

McDonald's was not upset by the ruling, which can be appealed to the European Court of Justice, the highest court in the EU, but only regarding legal points.

The company said in a press release: "The General Court of the European Union's decision does not affect our right to use the BIG MAC trademark." "Our iconic Big Mac product is loved by customers across Europe, and we are excited to continue proudly serving local communities, as we have done for decades."

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