EU grants Supermac’s bid to strip McDonald’s of ‘Big Mac’ trademark

EU grants Supermac's bid to strip McDonald's of 'Big Mac' trademark

The European Union Intellectual Property Office (EUIPO) has stripped McDonald’s of its “Big Mac” trademark following an application from Irish fast food franchise Supermac’s.

In a landmark ruling, the EUIPO said McDonald’s had not proven genuine use of the trademark in the five years prior to the application being lodged in 2017.

Irish businessman Pat McDonagh, who founded Supermac’s, has accused the global fast food giant McDonald’s of “trademark bullying”.

He said plans by Supermac’s to expand into the UK and Europe had been held up by legal threats from McDonald’s, which said its name was too similar to “Big Mac”.

Mr McDonagh told RTÉ’s Sean O’Rourke Show that the decision is “an indication of how important the European institutions are to help protect businesses that are trying to compete against faceless multinationals”.

A spokesperson for McDonald’s said: “We are disappointed in the EUIPO’s decision and believe this decision did not take into account the substantial evidence submitted by McDonald’s proving use of our BIG MAC mark throughout Europe.

“We intend to appeal the decision and are confident it will be overturned by the EUIPO Board of Appeals. Notwithstanding today’s decision, McDonald’s owns full and enforceable trademark rights for the mark ‘BIG MAC’ throughout Europe.”

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