Defeat in court

McDonald’s trademark rights further restricted

The fast food group loses the European trademark rights to the "Big Mac" for poultry products.

(Bild: dpa/Angelika Warmuth)

McDonald's has suffered a defeat before the EU court in Luxembourg in the trademark dispute over the "Big Mac". The court ruled on Wednesday that trademark protection will be further restricted. Accordingly, the fast food company loses the European trademark rights to the "Big Mac" for poultry products.

McDonald's had not provided any proof that the trademark had been used continuously for five years, the court stated in its ruling.

Nor had sufficient evidence been provided for the use of the Big Mac brand for chicken sandwiches. There was a lack of information on sales volumes, among other things.

EU trademark rights, so-called EU trademarks, are valid throughout the European Union and exist alongside national trademarks. McDonalds' can still appeal against the ruling before the next higher instance, the European Court of Justice (ECJ). 

Commenting on the decision on Wednesday, the company stated that the "legendary Big Mac" is loved by customers throughout Europe.

(Bild: McDonald's)

Dispute began in 2017
At the time, the Irish fast-food chain Supermac's applied to the European Union Intellectual Property Office (EUIPO) to cancel the Big Mac trademark in the EU.

The EUIPO granted the application in part at the beginning of 2019. However, it left the trademark protection in place for poultry products, among other things. Supermac's appealed to the EU General Court, which has now overturned and partially amended the EUIPO's decision.