McDonald's lost Big Mac Trademark in the European Union for Irish fast food rival Supermac's in a long-running legal battle. The General Court of the European Union ruled in its ruling that the American fast food giant was unable to prove that… Big Mac A five-year name actually used for chicken sandwiches, poultry products or restaurants. the Big Mac The hamburger, which, according to the company's website, consists of two patties of beef, cheese, lettuce, onions, pickles and Big Mac sauce, reads: independent.
But the decision is about more than just the name of the burger. It paves the way for Galway-based Irish company Supermac to expand into other EU countries.
The dispute erupted when Supermac applied to register its company name in the European Union, while it was already preparing its expansion plans. McDonald's objected to this, saying that consumers would be confused because… Big Mac The name is already registered as a trademark.
In 2017, Supermac applied to the European Union Intellectual Property Office (EUIPO) to divest McDonald's. Big Mac trademark registration, saying the US company could not prove that it had used the name for five years for certain categories not specifically related to hamburgers.
Termination of trademark protection must be proven if the holder of the right to use the trademark fails to make actual use of the trademark in relation to goods or services included in the list of goods in the Member State without interruption for a period of five years, unless the holder “sufficiently proves non-use”, As stated in Directive 2015/2436 (16 December 2015) of the European Parliament and of the Council on the approximation of the laws of Member States on trademarks.
After the regulator partially approved Supermac's request, McDonald's turned to the European Union court.
McDonald's failed to prove that the disputed mark was actually used in connection with chicken sandwiches, poultry products, or services related to the operation of fast food restaurants, take-out restaurants, or take-out restaurants.
This was stated in the press release of the court’s decision.
The battle of David and Goliath
Supermac compared the decision to a battle between David and Goliath. CEO Pat McDonagh accused McDonald's of “intimidation to stifle brand competition.”
This is an important decision that brings common sense to the use of trademarks by large multinational companies. This is a huge win for small businesses around the world
McDonagh said in a statement.
The Irish company is not selling Big Mac Called a sandwich, however Great Mac On the other hand, it contains the same ingredients. McDonald's calmly accepted the decision, and it can be appealed to the European Court of Justice, the highest authority in the European Union.
“The decision of the Court of Justice of the European Union does not affect Big Mac“Our right to use the trademark,” the company’s press release said. “She's creative Big MacIt is loved by customers across Europe, and we are pleased to proudly continue serving local communities, as we have been doing for decades,” they concluded in their announcement.
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