The court has upheld a complaint by Supermac’s which argued that McDonald’s could not use the “Big Mac” trademark in respect of poultry products.
Supermac’s CEO Pat McDonagh has described the decision as “a significant victory for small businesses throughout the world”.
“We knew when we took on this battle that it was a David versus Goliath scenario. 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,” he said.
The Irish fast-food chain first took on McDonald’s in 2017 after it filed an application for revocation of the trademark to the EU Intellectual Property Office (EUIPO) in relation to certain goods and services.
In 1996, McDonald’s registered the “Big Mac” trademark in Europe.
However, Supermac’s sought for the trademark to be revoked on the basis that McDonald’s had not made genuine use of it in the previous five years.
The EUIPO partially ruled in the company’s favour in 2019, which meant Supermac’s was allowed to use the Big Mac term on food it sold.
McDonald’s was still allowed to use the trademark on poultry products and also with McDonald’s outlets and drive-ins.
Supermac’s challenged this part of the ruling before the ECJ, which has today ruled in its favour.
The court has found that McDonald’s had not made genuine use of the trademark within a continuous period of five years in the European Union.
This means McDonald’s will also lose the Big Mac trademark when it comes to chicken sandwiches and other poultry products.
The judgment by the ECJ annuls and alters the original finding by the EUIPO.
It found that the evidence submitted by McDonald’s did not indicate the extent of use of the trademark in connection with poultry products, in particular when it came to the volume of sales, the length of the period during which the mark was used and the frequency of use.
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In a statement, Supermac’s founder Pat McDonagh said: “We welcome the decision of the General Court of the European Union to revoke the Big Mac registration.
“This is a significant ruling that takes a common-sense approach to the use of trademarks by large multi-nationals. It represents a significant victory for small businesses throughout the world.
“They trademarked the SnackBox, which is one of Supermac’s most popular products, even though the product is not actually offered by them.
“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. We wholeheartedly welcome this judgment as a vindication of small businesses everywhere that stand up to powerful global entities.”
A McDonald’s spokesperson said: “The decision by the EU General Court does not affect our right to use the ‘BIG MAC’ trademark. 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.”