By Foo Yun Chee
BRUSSELS (Reuters) – U.S. fast-food chain McDonald’s does not have the right to use the term “Big Mac” for poultry products after it had not used it for them for five consecutive years, Europe’s second top court said on Wednesday, in a partial win for Irish rival Supermac’s in a long-running trademark dispute.
The Luxembourg-based General Court’s ruling centred on Supermac’s attempt in 2017 to revoke McDonald’s use of the name Big Mac which the U.S. company had registered in 1996 for meat and poultry products and services rendered at restaurants.
The European Union Intellectual Property Office (EUIPO)dismissed Supermac’s application for revocation and confirmed McDonald’s use of the term for meat and chicken sandwiches, prompting the Irish company to challenge the decision.
Supermac’s, which opened its first restaurants in Galway in 1978, sells beef and chicken burgers as well as fried chicken nuggets and sandwiches.
The General Court rejected McDonald’s arguments and partially annulled and altered EUIPO’s decision.
“McDonald’s loses the EU trade mark Big Mac in respect of poultry products,” judges ruled.
“McDonald’s has not proved genuine use within a continuous period of five years in the European Union in connection with certain goods and services,” they said.
McDonald’s did not immediately respond to a request for comment.
The ruling can be appealed to the Court of Justice of the European Union, Europe’s highest.
The case is T-58/23 Supermac’s v EUIPO – McDonald’s International Property (BIG MAC).
(Reporting by Foo Yun Chee; Editing by Tomasz Janowski)
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