Battle for the Big Mac: McDonald's loses EU trademark fight against Irish rival Supermac's
judgment that the U.S. fast food giant failed to prove that it was genuinely using the Big Mac label over a five-year period for chicken sandwiches, poultry products or restaurants.The Big Mac is a hamburger made of two beef patties, cheese, lettuce, onions, pickles and Big Mac sauce.
It was invented in 1968 by a Pennsylvania franchisee who thought the company needed a sandwich that appealed to adults.The decision is about more than burger names. It opens the door for Galway-based Supermac's expansion into other EU countries.
The dispute erupted when Supermac's applied to register its company name in the EU as it drew up expansion plans. McDonald's objected, saying consumers would be confused because it already trademarked the Big Mac name.Supermac's filed a 2017 request with the EU's Intellectual Property Office to revoke McDonald's Big Mac trademark registration, saying the U.S.
company couldn't prove that it had used the name for certain categories that aren't specifically related to the burger over five years. That's the window of time in Europe that a trademark has to be used before it can be taken away.After the regulator partially approved Supermac's request, McDonald's appealed to the EU court.“McDonald’s has not proved that the contested mark has been put to genuine use" in connection with chicken sandwiches, food made from poultry products or operating restaurants and drive-throughs and preparing take-out food, the court said, according to a press summary of its decision.Supermac's portrayed the decision as a David and Goliath-style victory.
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