Supermac’s wins Big Mac trademark case against McDonald’s

The European Court of Justice (ECJ) has ruled that McDonald’s cannot use the ‘Big Mac’ trademark for poultry products in a long-running dispute with Supermac’s.

McDonald’s had registered the trademark in the European Union in 1996, until Supermac’s applied to the EU Intellectual Property Office (EUIPO) in 2017 to have the trademark revoked on the basis that McDonald’s had not made genuine use of it in the previous five years.

In 2019, the EUIPO partially ruled in Supermac’s favour, revoking McDonald’s registration of the trademark, but still allowed McDonald’s to continue using the trademark for other poultry products, as well as in connection with McDonald’s outlets and drive-ins.

Supermac’s challenged the partial ruling before the ECJ, claiming that McDonald’s had used the Big Mac trademark to try and block the company’s expansion into Europe.

In todays judgement, the General Court found that McDonald’s had not made genuine use of the trademark within a five year period in the European Union.

This judgement therefore annuls and alters the original finding by the EU’s intellectual property office, and McDonald’s will lose the Big Mac trademark when it comes to poultry products in the future.

Supermac’s founder Pat McDonagh said in a statement that the ECJ’s ruling today “represents a significant victory for small businesses throughout the world."

"We knew when we took on this battle that it was a David versus Goliath scenario,” He said. “The original objective of our application to cancel was to shine a light on the use of trademark bullying by this multinational to stifle competition.”

"We have been saying for years that they have been using trademark bullying. They trademarked the SnackBox, which is one of Supermac's most popular products, even though the product is not actually offered by them," he added.

McDonagh also said the decision by the European Trademark Office indicates the importance of European institutions in helping protect businesses that are competing against faceless multinationals.

"We can be proud to be part of a Europe in which all are equal. Small is no longer a disadvantage. We wholeheartedly welcome this judgement as a vindication of small businesses everywhere that stand up to powerful global entities," he added.