McDonald's loses trademark for EU? What does this mean?

McDonald's has suffered a setback in a legal case against Irish fast food chain Supermac's in a top EU court. As per the court ruling, henceforth McDonald's won't be able to term its chicken burgers "Big Mac" in EU, as per reports in agencies.

What's the 'Big Mac' Fight?

The long-running fight began in 2017 when Supermac's of Ireland sought to have McDonald's "Big Mac" trademark revoked in the European Union, after the US giant opposed the Irish chain's own trademark application in the bloc, as per AFP report.


The EU Intellectual Property Office (EUIPO) initially upheld Supermac's application, but later on appeal reaffirmed the trademark protection for McDonald's "Big Mac" hamburgers.

On Wednesday, the Luxembourg-based General Court altered the EUIPO's decision, ruling that McDonald's could not claim protection for the chicken version of its iconic burger, though the original beef one remains trademarked.

"The General Court holds that McDonald's has not proved that the contested mark has been put to genuine use as regards the goods 'chicken sandwiches', the goods 'foods prepared from poultry products'" and associated services, it ruled.

The ruling can be appealed to the Court of Justice of the European Union, Europe's highest.

What Does Ruling Mean for McDonald's?

The McDonald's Chicken Big Mac, which contains two сhicken cutlets, cheese, lettuce, onions, pickled cucumbers and the special Big Mac sauce, is more widely available outside the EU.

In a statement, McDonald's acknowledged the ruling, which it said "does not affect our right to use the 'Big Mac' trademark".

Supermac's managing director, Pat McDonagh, welcomed what he called a "common sense" ruling. "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," McDonagh said in a statement.

The ruling "represents a significant victory for small businesses throughout the world," he said.

FAQs:

Q1. Which outlet McDonald's was fighting against?
A1. McDonald's is fighting against Supermac.

Q2. What is special Big Mac sauce?
A2. The McDonald's Chicken Big Mac, which contains two сhicken cutlets, cheese, lettuce, onions, pickled cucumbers and the special Big Mac sauce, is more widely available outside the EU.