In a recent development, Supermac’s, an Irish fast food chain, scored another significant win in its ongoing trademark battle with international burger behemoth, McDonald’s. The European Union court came out in support of the Galway-based company.
Preceding this, Supermac’s had won a legal case in 2019 that compelled McDonald’s to surrender its Big Mac trademark in Europe, a decision that the American multinational corporation appealed. The European Union Intellectual Property Office (EUIPO) handled the case and concluded that McDonald’s had failed to demonstrate genuine usage of the disputed trademark as a restaurant name.
Prior to losing the case, McDonald’s had the Big Mac trademark in Europe under food classification and a category related to restaurant names. This indicated that McDonald’s had the ability to name any of its eating outlets “Big Mac,” which they could use to deter Supermac’s efforts to extend their fast food restaurants across the EU, citing potential confusion for patrons.
Five and a half years ago, the EUIPO’s decision was celebrated as a significant triumph for Supermac’s, with the founder and managing director, Pat McDonagh, citing it as a “David versus Goliath” clash.
Despite winning an appeal with the trademark authorities, McDonald’s was then challenged by Supermac’s at the European Court of Justice (ECJ). The final ruling from the ECJ’s General Court declared that McDonald’s failed to show legitimate usage of its trademark to effectively hinder Supermac’s expansion into Europe, pointing out that this included its chicken products.
The judgment confirmed that McDonald’s could not prove that the disputed trademark had been used genuinely for the specified purposes. The ECJ introduced a partial amendment to the EUIPO’s prior decision, thereby further curbing the privileges McDonald’s enjoyed under their contested trademark. The court concluded that McDonald’s could not verify the usage of the Big Mac trademark in connection with chicken products or services linked to restaurant operations.
In a legal documentation, the court declared that McDonald’s claims of promoting chicken burgers as “Big Mac Chicken” in France during 2015 and 2016 were not adequate to sustain the trademark. The decision is likely not to influence the trademark rights granted to the US firm’s Big Mac burger products. McDonald’s trademark registration for Big Mac in the EU occurred in 1996, and in 2017, Supermac’s began proceedings to repeal it.
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Supermac’s initiated the trademark controversy while contemplating potential growth into the British sector at a time when it was still part of the EU. The Irish rapid food corporation requested a trademark in the UK following Brexit, an action that was resisted by McDonald’s. This distinct dispute is presently being considered in the British patent court, with a hearing anticipated later this year.
Supermac’s, an Irish business operating in approximately 120 areas in Ireland, made a profit of €28.9 million in 2022, according to accounts submitted the preceding year.