The decision of the European Court: McDonald’s cannot use the trademark “Big Mac” for poultry products

By: Trademagazin Date: 2024. 06. 05. 11:02

The European Union’s second highest court, the General Court, ruled in a recent ruling that American McDonald’s is not entitled to use the “Big Mac” trademark for poultry products. This decision was made in favor of the Irish restaurant chain Supermac’s, which had a long legal battle against the American giant.

The roots of the legal dispute go back to 2017, when Ireland’s Supermac’s attempted to strip McDonald’s of the right to use the “Big Mac” trademark. McDonald’s originally registered this name in 1996, which covered not only meat but also poultry products and restaurant services. The European Union Intellectual Property Office (EUIPO) initially rejected Supermac’s application, reserving McDonald’s rights.

Supermac’s, which has operated restaurants in Galway city since 1978 and offers, among other things, beef and chicken burgers and fried chicken bites, is believed to strengthen its market position with this decision. The verdict not only strengthens the company’s legal position, but can improve its competitiveness on the Irish and European markets, Reuters reports.

However, the Luxembourg-based General Court has now partially annulled the EUIPO’s previous decision. The judges found that McDonald’s had failed to sufficiently demonstrate that it had continuously used the “Big Mac” trademark in the EU for poultry products over the past five years. This decision could have a significant impact on the fast food chain’s marketing strategies and product range in Europe.