Supermac’s CEO Pat McDonagh calls it a “vindication of small businesses everywhere”.
McDonald’s has lost its exclusive rights to use the ‘Big Mac’ trademark for chicken products in the European Union, the EU Court of Justice ruled on Wednesday.
The court stated that McDonald’s failed to prove it used the trademark for certain food items for five consecutive years.
McDonald’s had trademarked the term in 1996 with the intent to use it for various food items, including “edible sandwiches,” “coffee substitutes,” “chicken sandwiches,” and “desserts.” However, McDonald’s use of ‘Big Mac’ in the EU has primarily been for its famous double-decker cheeseburger. Although, McDonald’s does sell a chicken product called ‘Big Mac’ in India.
This ruling is the latest development in a trademark battle between McDonald’s and a smaller fast food chain, Supermac’s.
In 2017, McDonald’s filed a case against Supermac’s, arguing that the Irish company’s use of a similar phrase would confuse customers. In 2019, Supermac’s won the case, but McDonald’s appealed the decision, which was handled by the European Union Intellectual Property Office (EUIPO).
Despite the ruling, McDonald’s plans to continue using the ‘Big Mac’ name for its beef sandwiches, the chain said in an email to Reuters.
Supermac’s founder and CEO, Pat McDonagh, celebrated the decision, calling it a “David versus Goliath” moment. He said the ruling is a “vindication of small businesses everywhere that stand up to powerful global entities.”