McDonald's has lost its EU trademark for 'Big Mac' in respect of poultry product after a legal battle with Irish fast food chain Supermac's. Supermac’s, which first opened in Co Galway in 1978, and McDonald’s have been involved in a years-long dispute regarding the EU trademark Big Mac, which had been registered by the American chain in 1996. In 2017, Supermac's filed an application for revocation of the trademark in relation to certain goods and services.
The Irish fast food chain argued that the Big Mac trademark had not been put to genuine use in the EU in connection with those goods and services within a continuous period of five years. In 2019, the European Union Intellectual Property Office (EUIPO) only partially upheld that application and confirmed that McDonald's could use the trademark in respect of foods prepared from meat and poultry products and meat and chicken sandwiches, as well as in respect of services rendered or associated with operating restaurants and other establishments or facilities engaged in providing food and drink prepared for consumption and for drive-through facilities and also the services of the preparation of carry-out foods. McDonald's launched an appeal on the 2019 decision which concluded in McDonald's favor in 2022.
Supermac's then took the case to the European Court of Justice (ECJ). In its judgment on June 5, the ECJ's General Court partially annulled and altered EUIPO's previous decision. The General Court found that McDonald's had.