McDonald’s Loses EU ‘Chicken Big Mac’ Trademark

McDonald’s has lost its European Union trademark fight with Irish rival Supermac’s over a burger trademark.

The Associated Press reports that a European Union court sided Wednesday with McDonald’s Irish fast-food rival Supermac’s in a legal battle for the Big Mac name “in respect of poultry products.” The court decision reveals, “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.”

The issue stemmed from McDonald’s battle against Supermac’s over the trademark of its Chicken Big Mac product. Although the trademark was registered in the EU in 1996, Supermac’s filed a suit asking for the name to be revoked.

In 2017, Supermac’s applied for the revocation of that trademark “in relation to certain goods and services.” The fast-food restaurant’s claim stated that the trademark wasn’t consistently put into use in the EU “within a continuous period of five years.”

McDonald's has lost the EU trademark for 'Big Mac' in relation to chicken sandwiches as part of a long-running legal battle with an Irish restaurant chain https://t.co/aStiBb1hfe

— ITV News (@itvnews) June 5, 2024

According to the court filing, “The General Court holds that McDonald’s has not proved that the contested mark has been put to genuine use as regards the goods ‘chicken sandwiches,’ the goods ‘foods prepared from poultry products’ and the ‘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 carry-out foods.’”

The Big Mac consists of two all-beef patties, sauce, lettuce, cheese, pickles, and onions on a sesame seed bun. It was invented in 1968.

A specialty EU item, the “Chicken Big Mac,” features two chicken patties, special sauce, lettuce, cheese, and pickles on a sesame seed bun, as reported by The New York Post. So, it is strikingly similar to the Big Mac, but with no beef.

The Guardian reprinted a statement from Supermac’s founder, Pat McDonagh. He said, “We objected to them to their use of Big Mac as a restaurant because it is not a restaurant. So what happened today is the European court has delisted it because they hadn’t used the trademark [as Big Mac for a restaurant]… Then the ECJ went a bit further: they said Big Mac can be used as a meat product, a burger, but it can’t be used as a chicken product.”

McDonagh likened his company’s battle with McDonald’s to a “David versus Goliath scenario.”

Supermac’s currently sells two products with “Mac” branding: “The Mighty Mac” and a “Brekkie Mac” egg, bacon, and sausage sandwich, according to The Daily News.

In a press statement, a McDonald’s spokesperson said, “The decision by the EU General Court does not affect our right to use the ‘BIG MAC’ trademark. Our iconic Big Mac is loved by customers all across Europe, and we’re excited to continue to proudly serve local communities, as we have done for decades.”