McDonald's loses chicken 'Big Mac' trademark battle in the EU

Irish fast food chain Supermac’s has won a long-running trademark battle with McDonald’s over the use of the name ‘Big Mac’.

 

The European Court of Justice (ECJ) today ruled that McDonald’s could no longer use the term to describe chicken sandwiches or any poultry products in the EU.

 

Supermac’s managing director Pat McDonagh (pictured) said the “David versus Goliath” battle was a “significant victory for small businesses”.

 

Ongoing dispute

 

McDonald’s registered the ‘Big Mac’ trademark in 1996 but in 2017 Supermac’s, which runs over 100 restaurants across Ireland, filed for it to revoked.

 

The Irish brand argued McDonald’s had not made genuine use of the name for all the products and services the trademark covered in the last five years.

 

In 2019, a European court partially ruled in Supermac’s favour, allowing it to use the ‘Big Mac’ trademark in its restaurants.

 

But it said McDonald’s could still use the name for meat and poultry products as well as operating restaurants, drive-through venues and takeaway food.

 

Supermac’s directly challenged this ruling, and the ECJ has now partly ruled in its favour.

 

It found McDonald’s has not made use of the trademark on poultry products for a continuous period of five years in the EU.

 

This means McDonald’s no longer holds the ‘Big Mac’ trademark in respect to chicken sandwiches or other poultry items.

 

The decision partly annuls and alters the original 2019 ruling.

 

Industry response

 

McDonagh said: “This is a significant ruling that takes a common-sense approach to the use of trademarks by large multi-nationals. It represents a significant victory for small businesses throughout the world.

 

“We knew when we took on this battle that it was 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. 

 

“We have been saying for years that they have been using trademark bullying. They trademarked the ‘SnackBox’, which is one of Supermac’s most popular products, even though the product is not actually offered by them.

 

“This decision by the European Trademark Office is also an indication of how important the European institutions are to help protect businesses that are trying to compete against faceless multinationals. We can be proud to be part of a Europe in which all are equal. Small is no longer a disadvantage. 

 

“We wholeheartedly welcome this judgement as a vindication of small businesses everywhere that stand up to powerful global entities.”

 

McDonald’s is still able to use the ‘Big Mac’ trademark for other uses such as its beef burgers.

 

A statement from McDonald’s said: “The decision by the EU General Court does not affect our right to use the ‘Big Mac’ trademark. 

 

“Our iconic Big Mac is loved by customers all across Europe, and we’re excited to continue to proudly serve local communities, as we have done for decades.”

 

Last month Dishoom launched a legal challenge to free up the trademark of the phrase ‘Ruby Murray’ to describe a curry.

 

In 2023 restaurant giant Taco Bell won a lengthy battle to free up ‘Taco Tuesday’ for use in its sites across the US after a small New Jersey venue relinquished the trademark after 30 years.