Major victory for Supermac's in row over McDonald's use of 'Big Mac' trademark

A complaint lodged by fast food company Supermac's over McDonald's use of the 'Big Mac' trademark in Europe, has been upheld by the European Court of Justice.

In a ruling, published this Wednesday, the court found that McDonald’s "has not proved genuine use within a continuous period of five years in the European Union in connection with certain goods and services."

This, in effect, means that found that McDonald’s had not made genuine use of the trademark to sell "chicken sandwiches" or "foods prepared from poultry products" and that it had not "made genuine use of the Big Mac trademark when opening restaurants and drive-through outlets."

While 'Big Mac' has been registered as a trade mark in the EU since 1996, Supermac's applied for revocation of that mark, in 2017, in relation to certain goods and services.

While the European Union Intellectual Property Office subsequently partially upheld that application, it determined that McDonald’s could still use the trademark for chicken sandwiches and other poultry products, as well as in connection with McDonald’s outlets and drive-ins.

Supermac’s then challenged this finding in Europe's highest court, leading to this Wednesday ruling.

"The evidence submitted by McDonald’s does not serve to prove that the contested mark has been used in connection with ‘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; preparation of carryout foods’," found the European Court of Justice.