McDonald's loses out in legal battle over "Big Mac" trademark.
McDonald's iconic Big Mac burger has several variants, even serving as a symbol of a nation's economic standing. Sadly, the fast-food giant may lose its European trademark rights for the classic beef version.
In the 'Big Mac' trademark lawsuit, the European Court of Justice in Luxembourg ruled against McDonald's, leading to a reduced trademark protection. As a result, McDonald's will no longer hold exclusive European rights over the 'Big Mac' for poultry products. (Case T-58/23)
The case started in 2017 when the Irish fast-food chain Supermac's attempted to have the 'Big Mac' trademark removed from the EU Intellectual Property Office (EUIPO). McDonald's was unable to prove that they had consistently used the brand for five years, prompting the court to deny trademark protection.
The dispute originated when Supermac's contended that "Big Mac" had not been consistently used in the EU for five years. They filed a petition with the EUIPO, leading to a partial victory in early 2019. Though the 'Big Mac' trademark was allowed to remain for poultry products, the decision was deemed unsatisfactory by Supermac's, which then took the case to the European Court of Justice for review.
The court deemed McDonald's insufficient evidence displayed in supporting the 'Big Mac' brand usage for chicken sandwiches, with no sales volume details provided.
EU trademarks, otherwise known as Union trademarks, cover use across the European Union in addition to local trademarks. McDonald's may still appeal the decision before the European Court of Justice (ECJ).
The 'Big Mac' has become immensely popular and has found its way into economic equations. The British publication 'The Economist' devised a price index using the burger as a reference point for comparing the purchasing power of different countries.
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Despite the legal setback, McDonald's continues to offer various Big Mac variations worldwide. However, due to the European Court of Justice's decision, McDonald's will no longer enjoy exclusive rights over the "Big Mac" trademark for poultry products in Europe.
