McDonald's loses 'Big Mac' trademark in European Union

By Louis Goss

Irish chain wins battle to use Big Mac name to describe chicken sandwiches

McDonald's has lost its exclusive right to use the 'Big Mac' trademark when selling chicken sandwiches in the European Union, Europe's top court has said.

The European Court of Justice said on Wednesday that McDonald's had failed to prove it had genuinely used its Big Mac trademark when selling poultry products, in ruling on a 'David versus Goliath' dispute between the American giant and Irish fast-food seller Supermac's.

Supermac's CEO Pat McDonagh welcomed the EU court's ruling as a "vindication of small businesses everywhere that stand up to powerful global entities."

Supermac's - which opened its first restaurant in Galway in 1978 - first submitted a challenge to McDonald's 'Big Mac' trademark in 2017 after the American giant sued the Irish firm over similarities between the company's name and its own 'Big Mac' trademark.

The Irish company said McDonald's (MCD) case blocked its expansion into the U.K. and Europe after it had tried to trademark the Supermac's company name with the EU's patent office in 2015.

"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," Supermac's CEO McDonagh said.

Supermac's later won a series of partial victories in 2019 which saw the European Union Intellectual Property Office (EUIPO) partially revoke McDonald's monopoly over the 'Mc' and 'Big Mac' trademarks.

The EUIPO's 2019 ruling, however, said McDonald's should still have intellectual property rights in relation to chicken sandwiches and to its own restaurant and drive-through outlets, even while revoking its trademark on other products.

Now, the EU's highest court has gone even further in amending the EUIPO's decision and revoking McDonald's exclusive right to use the Big Mac trademark to sell chicken sandwiches and other poultry products including chicken nuggets.

"The decision by the EU General Court does not affect our right to use the 'BIG MAC' trademark," a McDonald's spokesperson said. "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."

Supermac's, which has over 100 restaurants across the island of Ireland, currently sells products including a 'Mighty Mac' beef burger and a 'Brekkie Mac' egg, bacon, and sausage sandwich.

"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," Supermac's CEO McDonagh added.

McDonald's shares drifted 0.2% lower in premarket trade. The stock has dropped 11% this year.

-Louis Goss

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06-05-24 0854ET

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