Judge's Decision - European court curbs McDonald's "Big Mac" trademark privileges.
McDonald's has hit a roadblock in its fight to maintain its "Big Mac" trademark in Europe. The EU Court in Luxembourg has decided that the trademark protection will be scaled back, and the fast-food giant will no longer hold exclusive rights to the name for poultry products.
The court found on Wednesday that McDonald's did not provide sufficient evidence to prove continuous use of the trademark for the past five years. This comes as a result of a long-standing legal battle between McDonald's and Irish fast-food chain Supermac's, which began in 2017 when Supermac's attempted to cancel McDonald's "Big Mac" trademark, claiming it had not been used seriously for five years after it was first registered in 1996.
Not Enough Proof from McDonald's
Though the European Union Intellectual Property Office (EUIPO) conceded to some of Supermac's requests in early 2019, it allowed the trademark protection to remain in place for poultry products. Supermac's appealed the decision, and the EU Court has now changed it and partially revoked the previous verdict. The court highlighted the lack of concrete evidence provided by McDonald's on its sales figures for chicken sandwiches using the "Big Mac" name.
EU trademarks, or more appropriately known as Union trademarks, provide legal protection throughout the whole of the European Union in addition to individual country trademarks. McDonald's can still seek to appeal the court's ruling before the next level, the European Court of Justice (ECJ).
The company stated on Wednesday that the "iconic Big Mac" is cherished by customers across Europe. McDonald's remains content about this and takes pride in their commitment to serving local communities, stemming back decades.
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Despite the setback in maintaining the "Big Mac" trademark's exclusivity for poultry products, McDonald's continues to emphasize the importance of nutrition in their offerings. The fast-food giant can still serve its famous Big Mac, a symbol of its commitment to quality and taste, while ensuring a balance between indulgence and health consciousness.
In light of the court's decision, it's crucial for McDonald's to strengthen its evidence base for trademark claims associated with menu items, such as the "Big Mac" chicken sandwich, to safeguard its intellectual property rights in the future.
