McDonald’s was stripped of trademark rights to the “Chicken Big Mac” in the European Union after not using the name for five consecutive years, the region’s second top court said on Wednesday,
The decision 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 does not provide any indication of the extent of use of the mark in connection with those goods, in particular as regards the volume of sales, the length of the period during which the mark was used and the frequency of use,” the court ruled.
The “Chicken Big Mac,” which is a specialty item in the EU, features two chicken patties, special sauce, lettuce, cheese and pickles on a sesame seed bun.
McDonald’s said in an email it can still continue to use 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 Intellectual 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 more than 100 restaurants throughout Ireland, claimed that McDonald’s failed to put its Big Mac trademark into “genuine use” in the EU.
“This is a significant ruling that takes a common-sense approach to the use of trademarks by large multi-nationals,” Supermac’s managing director Pat McDonagh said in a statement.
“It represents a significant victory for small businesses throughout the world.”
McDonagh likened his company’s battle with McDonald’s as a “David versus Goliath scenario.”
“The original objective of our application to cancel was to shine a light on the use of trademark bullying by this multinational to stifle competition,” he said.
Trademark owners should pay attention to the ruling, said Pinsent Masons IP lawyer Matthew Harris.
“This is a huge wakeup call and owners of well-known trademarks cannot simply rest on the premise ‘it is obvious the public know the brand and we have been using it’,” he said.
“The case highlights that even global renowned brands are held to the same scrutiny when having to evidence genuine use of a trademark in a given territory.”
The ruling can be appealed to the Court of Justice of the European Union, Europe’s highest.
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