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McDonald’s loses EU trademark “Big Mac” for chicken products. This was established by the EU Court, ruling that the American company was unable to demonstrate effective use in the European Union – for an uninterrupted period of five years – of some products and services (relating to catering, consumption, drive-thru in, takeaway) related to poultry meat, i.e.: chicken sandwiches and chicken-based foods.
Supermac’s accusation against McDonald’s
The issue was brought to the attention of the judges seven years ago by the Irish restaurant chain Supermac’s, which boldly submitted an application for revocation of the EU “Big Mac” trademark, registered by McDonald’s in 1996. The argument was precisely that the US giant had not used it for an uninterrupted period of five years, on a large list of products and services.
In the first instance, Euipo (the European Union Intellectual Property Office) partially accepted the Irish chain’s application, however confirming the protection of the contested trademark on meat and poultry-based foods, on meat and chicken sandwiches and on all connected services.
The EU Court annuls trademark protection
But the Court of Luxembourg annulled and partially reformed the EUIPO decision, excluding chicken sandwiches and all poultry products and related services in terms of catering, drive-in and takeaway from the trademark umbrella.
“The evidence produced by McDonald’s does not provide any indication of the extent of use of the mark for these types of products and services in terms of sales volume, duration of the period in which the acts of use were carried out and frequency” we read in the ruling in case T-58/23 | Supermac’s / EUIPO – McDonald’s International Property (BIG MAC), just filed. “Therefore, the evidence taken into consideration by EUIPO does not allow it to demonstrate the existence of genuine use of the contested trademark”.
