Introduction

In a significant legal victory for Irish fast-food chain Supermac’s, the General Court of the European Union has ruled against McDonald’s in a trademark dispute over the use of the "Big Mac" trademark for poultry products.

The Judgment of the General Court in Case T-58/23 Supermac’s v EUIPO – McDonald’s International Property Co Ltd marks a major shift in the protection previously granted to McDonald’s under EU trademark law.

Background

The "Big Mac" trademark, originally registered by McDonald’s in 1996, has been a staple of the fast-food giant’s branding. However, in 2017, Supermac’s challenged the trademark’s validity, arguing that McDonald’s had not made genuine use of the mark in connection with certain goods and services, including poultry products, within a continuous period of five years in the European Union.

The European Union Intellectual Property Office (EUIPO) initially upheld Supermac’s application partially, maintaining McDonald’s rights to the trademark for certain products and services. These included foods prepared from meat and poultry products, meat and chicken sandwiches, and various services related to operating restaurants and food preparation.

The Court’s Decision

On June 5, 2024, the General Court delivered a judgment further limiting McDonald’s trademark protection. The court found that McDonald’s had not provided sufficient evidence to demonstrate genuine use of the "Big Mac" trademark for chicken sandwiches, foods prepared from poultry products, and specific restaurant services. The evidence presented did not adequately reflect the volume of sales, the duration, and frequency of the mark’s use in connection with these goods and services.

Specifically, the court noted that the evidence failed to substantiate McDonald’s claims of genuine use in the following categories:

• Chicken sandwiches
• Foods prepared from poultry products
• Services associated with operating restaurants and other food and drink establishments
• Drive-through facilities and preparation of carry-out foods

Implications

This ruling is a landmark decision in trademark law, setting a precedent for the requirements of genuine use within the EU. It underscores the importance of providing comprehensive and quantifiable evidence to maintain trademark rights.

For McDonald’s, this decision represents a significant limitation of its branding capabilities within the EU market. Conversely, it opens up new opportunities for competitors like Supermac’s to expand their presence and product offerings under less restrictive conditions.

Reactions to the Judgment

Supermac's has hailed the recent court decision as a monumental win against "trademark bullying."

In response to the court's decision, McDonald's has remained undeterred. The company asserted that "the decision by the EU General Court does not affect our right to use the 'BIG MAC' trademark."