McDonald’s loses major legal battle over the ‘Big Mac’

McDonal’s has lost their trademark over the use of the name ‘Big Mac’ (Picture: AFP)

An Irish fast-food company has won a trademark case against McDonald’s over the use of the name ‘Big Mac’.

The European Court of Justice said the fast food giant could not use the trademark when it came to poultry products.

McDonald’s had registered the name in the European Union in 1996, but in 2017 Supermac’s applied to the EU Intellectual Poperty Office to have it revoked.

They argued McDonald’s had not made genuine use of it in the last five years.

The court had partially ruled in Supermac’s favour in 2019, revoking McDonald’s use of the registration of the Big Mac trademark accept for in poultry products.

Supermac’s challenged this exception and the European court of Justice ruled in their favour.

Supermac’s managing director Pat McDonagh said: ‘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.

‘We knew when we took on this battle that it was a David versus Goliath scenario.

The Irish restaurant chain has won a trademark battle against McDonald’s which cancels their use of the Big Mac and Mc trademarks across Europe
(Picture: PA)

‘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.

‘We have been saying for years that they have been using trademark bullying. They trademarked the SnackBox, which is one of Supermac’s most popular products, even though the product is not actually offered by them.

‘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 judgement as a vindication of small businesses everywhere that stand up to powerful global entities.’

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