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McDonald's loses EU trademark for 'Big Mac' on chicken products

Photo: Heorshe - stock.adobe.com

June 7, 2024

McDonald's lost its exclusive right to the term "Big Mac" for chicken products in the European Union after failing to demonstrate consistent use of the name for poultry sandwiches over a five-year period, the region's second-highest court ruled Wednesday, according to a Reuters report.

The decision by the Luxembourg-based General Court marks a partial victory for Irish fast-food chain Supermac's in a long-running trademark dispute. Supermac's had challenged McDonald's use of the Big Mac name for both beef and chicken products, arguing the U.S. giant hadn't used it genuinely for chicken in the EU.

McDonald's had registered the Big Mac trademark in 1996 for meat and poultry products, but the General Court ruled the company hadn't met the requirement of proving continuous use for chicken within the EU over the past five years.

"McDonald's loses the EU trade mark Big Mac in respect of poultry products," judges ruled.

The U.S. fast-food chain, however, maintained it can still use the Big Mac trademark for its core beef sandwich and its Chicken Big Mac product.

"This decision will not in any way impact our ability to use or to protect the trademark against infringements," McDonald's said in a statement.

Supermac's founder Pat McDonagh hailed the decision as a win for his company and potentially others.

"It does mean we can expand elsewhere with Supermac's across the EU, so that is a big win for us today," McDonagh told Ireland's Newstalk Radio.

The ruling serves as a reminder to trademark owners of their obligation to demonstrate active use of their trademarks, said Pinsent Masons IP lawyer Matthew Harris. "This is a huge wakeup call and owners of well-known trademarks cannot simply rest on the premise 'it is obvious the public know the brand and we have been using it'," he told the news outlet.

The decision can be appealed to the Court of Justice of the European Union, the bloc's highest court.