The General Court of the European Union (TGUE) strips McDonald’s of the exclusive rights to the Big Mac brand for failing to demonstrate effective use of it over the last five uninterrupted years. Therefore, the company will only be able to maintain the exclusive right to the brand for meat products, but not for chicken or poultry products, nor for the operation of its restaurant services, takeout food, or drive-through orders.
“McDonald’s has not shown that said brand has been subject to effective use in relation to ‘chicken sandwiches’ products, ‘plates based on poultry products’ products, and services provided or related to the operation of restaurants and other dining establishments for consumption and for drive-in purchase and for the preparation of takeout meals,” concludes the court.
The conflict stems from the dispute between Supermac’s, an Irish fast-food chain, and McDonald’s. The well-known American hamburger company registered the Big Mac brand in Europe in 1996. In 2017, Supermac’s filed a request for the invalidity of the brand with respect to certain products and services because it had not been used uninterruptedly for five years.
The European Union Intellectual Property Office (EUIPO) partially upheld the Irish chain’s claim, but allowed McDonald’s to continue using it for meat, poultry, meat and chicken sandwiches, restaurant operation services, drive-in purchase, and takeout food.
Now, the TGUE partially modifies the decision of the Intellectual Property Office and states that McDonald’s and removes the exclusivity for chicken products and for the operation of its services, leaving its use only for meat products.
According to the ruling, McDonald’s has not provided sufficient evidence to justify the use of this brand for chicken products, particularly in terms of sales volume, the duration of the period during which acts of use were carried out, and their frequency. The judgment also states that it has not provided evidence of the use of the Big Mac brand for services related to the operation of restaurants, drive-through food collection, or takeout.
