'Big Mac battle': McDonald's loses trademark fight with Irish restaurant chain

The trademark for the words Big Mac' were originally registered for McDonald's in 1996. Credit: PA/AP

Fast food giant McDonald's has lost the European Union (EU) trademark for "Big Mac" in relation to chicken sandwiches as part of a long-running legal battle with an Irish restaurant chain.

The trademark for the words Big Mac were originally registered for McDonald's in 1996.

But the European Court of Justice (ECJ) has upheld a complaint from Galway-based Supermac's, after the chain filed an application for revocation in relation to certain goods and services.

The case relates to a European trademark for the words Big Mac, which was registered with the EU International Property Office (EUIPO) in respect of meat, fish and chicken sandwiches as well as a range of restaurant services - including takeaway food and drive-through facilities.

Generally, the rights of a holder to an EU trademark are revoked on application to EUIPO, if it has not been put to genuine use within a continuous period of five years.

McDonald's has lost a case over the Big Mac trademark against an Irish fast food chain. Credit: PA

In 2017, Supermac’s submitted that the mark had not been put to genuine use in such a five-year period.

The application was partially upheld but the EUIPO still allowed McDonald’s to use Big Mac for products made with meat or poultry as well as in respect of restaurant services.

After that decision, Supermac’s argued at the ECJ that McDonald’s had insufficiently used the contested trademark in relation to “chicken sandwiches”, adding that the US food giant’s evidence on the matter was essentially limited to the marketing of “meat sandwiches”.

McDonald’s and the EUIPO put forward examples of advertisements and display boards relating to “Grand Big Mac Chickens”.

However, the court ultimately found that the evidence was not sufficient to prove McDonald’s had used the contested trademark enough in relation to poultry products.

In addition, the court considered whether McDonald’s had the right to Big Mac as a protected trademark, in relation to branding restaurant services, including takeaway food and drive-through facilities.

The ECJ upheld Supermac’s complaint on this matter and overturned McDonald’s protection of the phrase for such purposes. Each party was ordered to bear its own costs.

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