Supermacs Secures Big Win in Trademark Battle Against McDonald's
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This week, European fast-food giant McDonald's suffered a major setback after the EU General Court ruled in favour of its Irish competitor, Supermac, in a long-standing trademark dispute over the "Big Mac" name.
The case hinged on McDonald's ability to demonstrate consistent use of the "Big Mac" trademark beyond the classic beef patty sandwich. EU trademark law requires active use within five years to protect goods and services beyond the originally registered category.
According to the Court's ruling, McDonald's failed to present sufficient evidence of using "Big Mac" for chicken sandwiches, poultry products, restaurants, or takeaway services over five years. This failure paved the way for Supermac's victory.
The dispute originated during Supermac's expansion plans across Europe. When they sought to register their trademark in the EU, McDonald's objected, fearing customer confusion due to the "Big Mac" association. Supermac countered by filing a request to cancel McDonald's trademark for non-burger-related categories in 2017.
The EU court's decision is a significant win for Supermac. Not only does it remove a potential hurdle for their European expansion, but it also weakens McDonald's trademark protection for "Big Mac" in these specific categories.
"The Court has found that McDonald's has not proved that the contested mark has been put to genuine use concerning chicken sandwiches, poultry meals, restaurants, or takeaway services," a press release summarizing the Court's verdict.
This ruling highlights the importance of actively using trademarks across all designated categories to maintain legal protection within the European Union.