News

McDonald's loses a Big (Mac) one in the EU

January 16, 2019

McDonald's said it will appeal a European Union case ruling this week against its trademark use of the Big Mac, which includes the famous "two all-beef patties, special sauce, lettuce, cheese, pickles, onions on a sesame seed bun." The EU Intellectual Property Office made the judgment in Spain, in favor of the plaintiff, Irish QSR competitor, Supermac. As a result, the office revoked McDonald's trademark registration of the Big Mac after regulators said the chain had failed to prove genuine use of the name over the five years before the case was filed in 2017, Reuters said. 

Other companies can now use the well-known name in the European Union as a result of the decision. The decision is a huge win for Supermac, which has been unable to expand in the U.K. and Europe as a result of the dispute. Though the chain never had a "Big Mac" product, it told Reuters that McDonald's had used the similarity of the Supermac and the term, Big Mac, to prevent Supermac's growth into those areas. 

"Supermac's (is) delighted with their victory in the trademark application and in revoking the Big Mac trademark which had been in existence since 1996," the chain's founder, Pat McDonagh, told Reuters.

"This is a great victory for business in general and stops bigger companies from 'trademark bullying' by not allowing them to hoard trademarks without using them."

McDonald's this morning responded via email with a statement regarding the ruling that said:

"We are disappointed in the EUIPO’s decision and believe this decision did not take into account the substantial evidence submitted by McDonald’s proving use of our BIG MAC mark throughout Europe. We intend to appeal the decision and are confident it will be overturned by the EUIPO Board of Appeals.  Notwithstanding today’s decision, McDonald’s owns full and enforceable trademark rights for the mark 'BIG MAC' throughout Europe."