McDonald’s may appeal the decision to the EU’s highest court.


McDonald’s has lost a legal battle against an Irish fast food chain after an EU top court ruled on Wednesday that the global chain cannot exclusively call its chicken burger the “Big Mac”.

The long-running battle began in 2017 when Ireland’s Supermac’s tried to cancel McDonald’s “Big Mac” trademark in the EU, after the US company opposed the Irish chain’s trademark application in the bloc. of

The EU Intellectual Property Office (EUIPO) initially upheld Supermac’s application, but later upheld trademark protection for McDonald’s “Big Mac” hamburgers on appeal.

On Wednesday, the Luxembourg-based General Court overturned EUIPO’s decision, saying McDonald’s could not claim protection for the chicken version of its famous burger, even though the original beef trademark remained.

“The General Court held that McDonald’s has not established that the contested mark has been put to genuine use in relation to ‘chicken sandwiches’, goods ‘meals made from poultry products’ and related services.

McDonald’s Chicken Big Mac, which consists of two chicken cutlets, cheese, lettuce, onion, pickles and special Big Mac sauce, is more widely available outside the European Union.

McDonald’s may appeal the decision to the EU’s highest court.

In a statement, McDonald’s acknowledged the decision, saying it “does not affect our right to use the ‘Big Mac’ trademark”.

Supermac’s managing director, Pete McDonagh, welcomed what he called “common sense”.

“The original purpose of our request to cancel was to highlight this multinational company’s use of trademark abuse to prevent competition,” McDonagh said in a statement.

He said the ruling “represents a significant victory for small businesses around the world.”

(Other than the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)

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