McDonald’s loses Big Mac EU trademark battle

Irish fast food chain Supermac´s announced Tuesday it had won a European Union battle against global giant McDonald´s over the use of the Big Mac and Mc trademarks.


Supermac´s asked the European Union Intellectual Property Office to cancel McDonald´s use of the trademarks in certain fields.

The EUIPO said McDonald´s had not proven genuine use of the contested trademark as a burger or as a restaurant name.

“As a result, the application for revocation is wholly successful and the contested EUTM (EU trademark) must be revoked in its entirety.

“The EUTM proprietor´s rights in respect of European Union trademark No 62 638 are revoked in their entirety as from 11/04/2017,” backdated to the date of Supermac´s´ application, it said.

The US-based worldwide chain has the right to appeal against the decision.

McDonald´s did not immediately respond to comment when contacted by AFP.

In a statement received by AFP on Tuesday, Supermac´s accused McDonald´s of “trademark bullying, registering brand names which are simply stored away in a war chest to use against future competitors”.

“McDonald´s had previously succeeded in putting a stop to Supermac´s plans to expand into the UK and Europe on the basis of the similarity between the name Supermac´s and the Big Mac,” it said.

“This EUIPO judgement means that the main argument put forward by the US company is now gone.”

Supermac´s managing director Pat McDonagh said: “We wholeheartedly welcome this judgement as a vindication of small businesses everywhere that stand up to powerful global entities.”



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