McDonald’s has lost the exclusive right to use the label “Big Mac” on chicken burgers in the European Union following a long-running court battle with a rival chain.
Other companies will now be allowed to use the term popularised by McDonald’s - which registered it as a trademark in 1996 - on their poultry products after the successful challenge by Irish fast-food chain Supermac’s.
The European Court of Justice ruled that McDonald’s did not show it had made genuine use of the trademark for a continuous period of five years.
“McDonald’s loses the EU trademark Big Mac in respect of poultry products,” the court said.
“The evidence which was submitted by McDonald’s does not provide any indication of the extent of use of the mark in connection with those goods, in particular as regards the volume of sales, the length of the period during which the mark was used and the frequency of use.”
Supermac’s and other chains will also now be allowed to use the term ‘Big Mac’ in reference to the chicken burgers they sell.
Supermac’s, which operates in Ireland only, has more than 100 restaurants which makes it the largest Irish-owned fast food chain in the republic.
It also sells beef burgers, fries and other items.
Its victory over McDonald’s came at the end of a years-long legal battle between the two chains over the use of the right to brand items including ‘Mac’.
Supermac’s managing director Pat McDonagh described the judges’ decision as a “common-sense approach” to the use of trademarks.
“It represents a significant victory for small businesses throughout the world,” he said. “We knew when we took on this battle that it was a David versus Goliath scenario. We have been saying for years that they have been using trademark bullying.”
A spokesperson for McDonald’s said: “The decision by the EU general court does not affect our right to use the ‘Big Mac’ trademark. Our iconic Big Mac is loved by customers all across Europe, and we are excited to continue to proudly serve local communities, as we have done for decades.”
